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Full text of "The code of the state of Georgia"

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THE CODE, , 




OF THE 



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F GE 




PREPARED BY 



R,H. CLARK, T. R. R. COBB and D. IRWIK 




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ATLANTA, GEORGIA: 
PUBLISHED BYJOHN H. SEALS. 

CRUSADER BOOK AND JOB OFFICE. 
1861. 










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Entered according to the Act of Congress, in the year 1862, b 
: JOHN H. SEALS, 

in the Clerk's office of the District Court for the Northern Distri i of Ce|rgia. 






* 




1 



<~J 



PEEJ A. C E, 







By an Act of the General Assembly, assented to 9th December, 1858, pro- 
vision was made for the election of three Commissioners, "to prepare for 
the people of Georgia a Code, which should as near as practicable, embrace in 
a condensed form, the Laws of Georgia, whether derived from the common 
Law, the Constitutions, the Statues of the State, the decisionsof the Supreme 
Court, or the Statutes of England, of force in this State." 

David Irwin, Hon. Herschell V. Johnson, and Iverson L. Harris, were elec- 
ted Commissioners, under the provisions of this Act. The last two named, 
declining the position, His Excellency, Governor Brown, supplied the vacan- 
cies by the appointment of Thomas R. R. Cobb, and Richard H. Clark, who 
were also eleeted by the Legislature at its session next after they were ap- 
pointed. 

Thus organized, the Commissioners commenced the work assigned them. 

Looking alone to the words of the Act, the object contemplated by the Leg- 
islature swelled into a project, the magnitude of which would have deterred 
the boldest adventurer, if its accomplishment did not strike his mind as being 
utterly impossible. The commissioners, however, did not believe, that such a 
construction of the Act was a proper interpretation of the Legislative will, but 
construed it as requiring a Code, which should embody the great fundamen- 
tal principles of our jurisprudence from whatsoever source derived, together 
with such Legislative enactments of the State, as the wants and circumstan- 
ces of our people had from time to time, shown to be necessary and proper. 

Such a Code will furnish all the information, on the subject of Law, required 
either by the citizen, or the subordinate Magistrate. 

Thus interpreting the Act of the Legislature prescribing their duties, the 
Commissioners entered upon the discharge of those duties, seeking not only to 
condense, and arrange, the verbose, and somewhat chaotic mass of the Statutes 
of Georgia, but also to interweave therewith, those great leading principles of 
jurisprudence, necessary to till out and make perfect the body of our laws, of 
which the Statutes constituted but disjointed parts. 

In such an undertaking, the Commissioners could not hope for complete 
success, but to attain it as near as possible, they have spared neither painsta- 
king or labor. How far they have succeeded in their efforts is submitted to 
the judgment of a generous profession, and a generous public. 

The Code is divided into four parts as follows : 



iv PREFACE. 



PART I. — The Political and Public Organization of the State ; 
Which treats of the Boundary, Divisions, Subdivisions of the State, and the 
municipal organization, and regulations thereof. 

PART II. — The Civil Code; Which treats of rights, wrongs, and remedies. 

PART III. — The Code of Practice ; Which treats of the various methods 
of enforcing rights, and redressing wrongs, together with the law of Pleading 
and Evidence, and the practice of the Courts. 

PART IV. — Penal Laws; Which treats of Crimes and Misdemeanors, 
Trial and Punishment, and it is subdivided into : First. — Penal Code for the 
Trial and Punishment of white persons, to which is added a XYI Division, 
containing the Proceedings in Preliminary Courts. Second. — Laws for the gov- 
ernment of the Penitentiary. Third. — Penal Code for Slaves, and Free persons 
of color. 

In the preparation of this work, the Commissioners have endeavored to ar- 
range the various subjects, under oppropriate Titles, Chapters, Articles, and 
Sections, except the Penal Code, in which for the purpose of convenient refer- 
ence, the original Divisions have been retained. 

The paragraphs are numbered from the beginning to the end of the book.. 

Thus prepared, the Code, after a thorough and laborious examination by a 
Legislative committee, was submitted to the Legislature, and on the 19th of" 
December, 1860, was " adopted as the Code of Georgia, to be of force, and 
take effect on the 1st day of January, 1862." 

The adopting statute further provided : That all laws and resolutions of &. 
public and general character, passed at the session of the Legislature, in the 
year 1860, and also the Laws of Georgia, having reference to the City of Sa- 
vannah, should be incorporated in, and made part of the Code, and that the 
duties and powers of the Commissioners should be continued to that end, with 
authority to place the same in the Code, in proper form and connection, and 
to correct any conflicts that might be created thereby, with existing provis- 
ions. 

On the 18th of March, 1861, a convention of the people, then in session r 

JZesolved, That in the publication of the Code, it should be made to con- 
form to the Government of the Confederate States, instead of the Govern- 
ment of the United States, from which Georgia had then but recently seceded, 
and also that the Constitution of the Confederate States, should be published 
as part of the Code. 

A compliance with these provisions, required an almost entire revision of 
the Code, and added greatly to the labor, as well as to the difficulties in the 
way of perfect success. 

It is but an act of justice to the Publisher to state, that the typographical 
errors which appear in the book, are mainly attributable to the frecjuent change 
of Printers during the progress of its publication, resulting from the excited; 



PEEFACE. 



and unsettled state of our national affairs. No less than eleven Printers, who 
were at one time or another, engaged in printing this Code, are now in the 
service of the Confederate States. 

The errors alluded to, have been corrected in an JErrata, which will be 
found at the end of the Index, and to which the special attention of the read- 
er is invited. 

Many of the Rules of the Supreme and Superior Courts, having been su_ 
perceded by Legislative enactments, and decisions of the Courts, and others 
being embodied in this code under appropriate heads, it is believed that the 
rales of both courts should undergo a. revision by the proper authorities, and 
therefore they are omitted in this book. 

As constant reference will be made to the Code, not only by the Bench and 
Bar of the State, but also by the various public officers, and citizens who are 
not Lawyers, the commissioners have endeavored to make the Index copious 
and full, and to distribute the matter under as many heads as it could be ap- 
propriately placed, in order that what is sought for, may be readily found. 

The commissioners submit to the people of Georgia the result of their la- 
bors, and ask for it a patient examination, sufficient at least to understand the 
plan, arrangement and execution of the work, and if after that, it be not ap- 
proved by the public, they can but regret it. 



REPORT OF THE COMMITTEE. 

To the General Assembly ■ of the State of Georgia. 

The committee appointed under the resolution of the last session of this Gen- 
eral Assembly, (assented to 16th Dec. 1819,) to meet the Commissioners ap- 
pointed under an Act to provide for the Codification of the Laws of Georgia, 
(approved 19th of Dec. 1858,) at the capital in Milledgeville, at least twenty 
days before the meeting of this present session of the General Assembly, for 
the purpose of revising and fully examining said Code, respectfully report; 

That they have discharged the duty devolved upon them by said resolution 
and the following is the result of their investigations. 

Referring to said Act, of 9th of December 1858, your Committee find that 
it was made the duty of the Commissioners, thereby appointed to prepare for 
the people of Georgia a Code which shall, as near as possible embrace in a con- 
densed form, the Laws of Georgia, whether derived from the Common Law, 
the Constitution of the State, the Statutes of the State, the decisions of the 
Supreme Court, or the Statutes of England, of force in this State. 

With this enlarged and extensive chart of the powers and duties of said 
Commissioners before your Committee, and as directory, as well to compilation 



M 



PKEFACE. 



as in the revision and examination of said Code, they caused each and every 
section thereof to be fully and carefully read before them, and they present as 
their unanimous conclusion that said Commissioners have kept themselves fully 
and carefully within the pale of the powers and duties conferred. 

The mingling together in condensed and intelligible form the common and 
statute Laws, Constitutional provisions and Court Decisions, and thus to place 
the whole body of all the Law within the reach of the people was in the opin- 
ion of your Committee the great end aimed at by the Legislature, and this 
end has been kept in view, and to every practicable and attainable extent ably 
and efficiently accomplished by the Commissioners. 

A Code so entirely extensive in its aims and purposses as to define in ineligi- 
ble form and language out of the body of the great system of the Common Law, 
existing time whereof the memory of man runneth not to the contrary, mischiefs 
and rights, duties and obligations and to present in intimate and close connec- 
tion therewith Constitutional and statutory provisions, and the Judicial exposi- 
tion and construction thereof, for their redress and enforcement, is of rare, if not 
in the Code now presented, of original occurrence. Your Committee intend 
to say, that it has not been before so extensively attempted, that the cit- 
izen should be referred to the whole embodiment of the Law in a single vol- 
ume to be exactly informed what are his rights in any and every exigency, and 
what his remedies for their enforcement and protection. And it need hardly 
be added that to the large degree in which the offered Code accomplishes this 
great desideratum, it must and will commend itself to public approval and ac- 
ceptance. As your Committee have said in the discharge of the duties de- 
volved upon them, they caused each and every section of the Code to be read 
before them, and at the option, or upon the suggestion of any one of its mem- 
bers, its sections were discussed, canvassed and amended, enlarged and res- 
tricted by a vote of the majority ; and your Committee will add, that the Cod- 
ifers themselves being present, with scarce a single exception, approved, ac- 
quiesced in, and adopted all such suggestions, alterations, modifications, en- 
largements, or restrictions, as your Committee thought proper to make. 

Beyond what has been said, the limits of this report will not authorize your 
Committee to enlarge. 

As "the result of their investigations," and in full view of the delicate res- 
ponsibilities thereby incurred, specially if their further suggestions shall receive 
Legislative approval, they do not hesitate with entire unamimity to report that 
the Commissioners have ably, faithfully, and efficiently discharged the arduous 
duties imposed upon them, and with like unanimity recommend the Legislative 
sanction and adoption of that which they present as "The Code of Georgia." 

In the further anxious discharge of their duties, the thoughts of your Commit- 
tee have been necessarily turned to consider the mode, in and by which this 
can be done. 

The importance of a knowledge of the contents of the Code to a satisfactory 
and well considered vote for its adoption by each member of the Legislature, 



PEEFACE. 'M vii 



bas on the one hand pressed strongly upon us, while on the other, the utter 
impossibility of canvassing and considering within any reasonable period of 
time, the four thousand paragraphs embraced therein, has presented an obsta- 
cle almost, if not absolutely insurmountable. 

The mere reading of the manuscript to inform and enlighten the Legislative 
mind as to its provisions, would occupy more than half the time limited by the 
Constitution to a Legislative Session. Such reading, accompanied by the un- 
questioned power to amend and discuss according to the varied opinions and 
policy of our three hundred members, it need hardly be said would occupy, to 
say the very least, more than all the time thus limited. 

In the opinion then, of your Committee, to read without amendment, and 

discussion, would be idle and useless waste of time and money ; and to read, 

amend and discuss, impracticable. 

Entertaining these opinions, and seeking the best solution of the difficulties, 

your Committee were naturally, to refer to the precedents set and acted upon 
by your sister States under similar circumstances. So far as such precedents 
will sanction and justify the recommendation to which they are led, they have 
been pleased to find that in almost every State, Revised Codes have been adopted 
by a simple Legislative Act, such as your Committee offer with this Report, 
and upon the action and report of a committee, leaving other considerations, 
amendments and discussions, of course, to the power and wisdom of the Leg- 
islature after publication. 

With the exception of Virginia, your Committee believe that the action of 
the States has been uniformly such as they now recommend. In that State the 
other policy was pursued. Each section of its Code was subjected to a thor- 
ough revision, and separate adoption by its whole Legislative Department. 
The result was that its session was extended to a period over six months, and 
of course at a very great cost to the State. Your Committee from a partial 
and cursory examination of the Code of that State will be permitted to add, 
in no censorious spirit, that the benefit of this course is not manifest in the 
results. Other Codes adopted upon the plan which your Committee feel con- 
strained to suggest, compare most favorably with this Code of Virginia. 

Your Committee believe that they could give satisfactory reasons for the 
opinion entertained, that the labor, time and money which might be expended 
in a Legislative reading, revision and examination of the Code, might be really 
detrimental, rather than beneficial to its efficiency, harmony, and entire plan 
and structure. But the limits of a report forbid all such attempts. 

If the Code now presented were a new system of jurisprudence, or had the 
Commissioners attempted to graft upon our system any new features extract- 
ed from others, and unharmonious with our own, or even if alterations in a 
well defined public policy had been attempted, your Committee would have 
paused, hesitated to recommend the mode of adoption suggested, without at 
least calling the special attention of the Legislature liiinmlf nmi injjil essential 
changes. -•-%& ** w '*i?iT 






*»»''... 

V 



viii PREFACE. 



But at an early stage of our revision and examination, the Codifers announ- 
ced the leading principle by which they had attempted to guide their labors, 
and your Committee report the same promineut in all the amendments and 
changes made at their suggestion. This principle was, to attempt no change 
or alteration in any well defined rule of law which had received Legislative 
sanction or judicial exposition, and to add no principle or policy which had re- 
ceived the condemnation of the former, or was antagonistic to the settled de- 
cisions of the latter. 

The prominent and leading power of change exercised in construction and 
revision, has been to cut and unravel Gordian knots, resulting from conflict- 
ing decisions of the Courts, to reconcile actual and apparently discordant leg- 
islation, harmonizing all conflicts to what seemed to be settled and favored 

.< ... 

public policy; to remedy existing defects by wise and harmonious provisions, 

and to supply omissions which the practice and experience of the Courts had 
discovered and made manifest in existing legislation. In short, the great end 
and aim has been to reconcile, harmonize, render consistent the body of the 
Law, so as to give shape and order, system and efficiency, to the sometimes 
crude, and often ill expressed, sovereign will of the State. 

A settled conviction on the mind of your Committee that the Codifiers 
have, to a degree as complete and perfect as might reasonably be expected, 
accomplished these and like ends, has won for the Code as an entirety their 
cordial and unanimous approval. Your committee will not conceal that some 
particular sections and provisions have not met this unanimous concurrence. — 
When differences arose, careful and anxious consideration and discussion fol- 
lowed, and minorities did not hesitate to yield ; all being satisfied that as a 
whole, the Code was entitled to and should receive, as it does receive, their 
unanimous and unqualified approbation and recommendation. 

Your Committee fully believe that such would be the result of any exami- 
nation and revision by the Legislative Department. 

Your Committee do not deem it inappropriate to their duties to add, that 
the proper printing and publication of the Code, if adopted, becomes a sub- 
ject of much interest and importance. Its plan and structure accompanies 
this Report. A reference thereto will render most manifest the necessity in 
the publication of rigidly adhering to the plan. The numerical order of its 
paragraphs, and its references in one title, section, or paragraph, to another, 
must be preserved. In the use and value of the Code, its Index becomes of 
th„e highest importance. 

These and like considerations and reflections lead your Committee to sug- 
gest that none other than those who constructed the Code, who devised its 
plan, and are familiar with its details and manuscript, can so well superintend 
its publication and prepare its index. Your Committee have further to add 
that it is provided in the Code itself that it shall not take effect until the 1st 
of October, 1861, thus giving time for its publication. 



• 



PEEFACE. ix 



It is further provided, and your committee think wisely, to meet any insuf- 
ficiency of the Code, that all questions not embraced or provided for therein, 
shall be decided and settled by existing laws, and that the Code does not 
interfere with or in any manner abrogate or repeal local legislation. 

If in the views thus presented by your Committee, they shall have the con- 
currence of the Legislature, they present as part of this Report, a Bill to 
adopt the Code, and a Bill to provide for its publication. 
All of which is respectfully submitted. 

HINES HOLT, 
DANL. S. PRINTXJP, 
W. W. PAINE, 

Committee on part of Senate. 
GEO. N. LESTER, 
ISHAM S. FANNIN, 
W. G. DELONY, 
M. W. LEWIS, 
C. N. BROYLES, 
C. J. WILLIAMS, 

Committee on part of House. 



THE ACT ADOPTING THE CODE. 

An Act to approve, adopt and make of force, in the State of Georgia, a Re- 
vised Code of Laws, prepared under the direction, and by authority of the 
General Assembly thereof; and for other purposes therewith connected. 

Section 1.. The General Assembly of the State of Georgia do enaet, That 
the Revised Code of Laws prepared under its authority, by Richard H. Clark, 
Thos. R. R. Cobb, and David Irwin, Esqr's., and revised and fully examined 
by its committee, and recommended and reported for adoption, (the manu- 
script whereof now being on file in the Executive Department,) be, and the 
same is hereby adopted, as the Code of Georgia ; to be of force and take ef- 
fect, on the first of January, 1862.. 

Provided, That the adoption of the Code, shall not operate so as to repeal 
an act, entitled an act to define the liability of the husband for the debts of 
the wife, and to define the liability of the property received through the wife, 
for the debts of the husband, existing at the time of the marriage, approved 
28th February, 1856 ; or to punish any Judge, Justice, ©r Minister, for join- 
ing in marriage any female under the age of twenty-one, without the consent 
of her father or guardian.* 

Section 2, And be it further enacted, That all laws and resolutions of a pub- 



PKEFACE. 



lie and general character, passed at this present Session of the General As- 
sembly, be incorporated in and made part of said Code ; and that the duties 
and powers of the Codifiers, be continued to that end, with authority to place 
the same in proper and appropriate form and connection, and to correct any 
conflicts which may be created thereby, with its existing provisions. And 
that the performance of the further duties by said Codifiers, as required in 
.this section, be submitted to the revisal, examination and approval of His Ex- 
cellency, the Governor, before the publication of said Code. 

Section 3. Be it further enacted, That the laws of the State of Georgia,, 
having reference to the city of Savannah, &c, as codified by order of the 
City Council of Savannah, by the city Attorney of Savannah, be, and the 
same is hereby declared and made a part of the Code of Georgia, and the 
laws thereof, the manuscript copy whereof, is now on file in the Executive 
Office. 

Assented to Dec. 19th, 1860. . 

*The Code, as published, contains the provisions of the Act of Feb. 28th, 1856, — See. 1101 
— and the clause for the punishment of Judges, and others, for joining in marriage, females un- 
der 21 years, without the consent of their parents, is omitted. By the act of 1861, the ope- 
ration of the Code is suspended until the 1st January, 1863. 



. 




TABLE OF CONTENTS. 




GENERAL PRELIMINARY PROVISIONS. 

PART FIRST. — The Political and Public Okganization of the State. 

PART SECOND.— The Ciyil Code. 

PART THIRD.— The Code of Peactice. 

PART FOURTH.— The Penal Laws. 



PART FIRST. 



THE POLITICAL AND PUBLIC ORGANIZATION OF THE STATE. 

TITLE I. 

DIVISIONS AND JURISDICTIONS. 



Chapter 1. — Of the Boundary, Sovereignty 

and Jurisdiction. 5 

Article 1. The boundary of the State. 5 
Article 2. The sovereignty and juris- 
diction of the State 7 

Article 3. Coast Survey 1 



Chapter 2. — The Political and Judicial Di- 
visions of the State 8 

Article 1. Counties 9 

Article 2. Congressional Districts.. . . 12 
Article 3. Judicial Districts and Cir- 
cuits 14 



TITLE II. 

CITIZENSHIP. 

Chapter 1. — Who are Citizens 14 | Chapter 2. — Expatriation. 

TITLE III. 

THE EXECUTIVE DEPARTMENT. 



15 



Chapter 1. — The Governor, his Powers and 

Duties 16 

Chapter 2. — The Executive Office, and res- 
idence of Governor 21 

Chapter 3. — State House Officers 21 

Article 1. Secretary of State 21 

Article 2. Treasurer 23 

Article 3. Comptroller General 26 

Article 4. Surveyor General 30 

Chapter 4. — Of other officers of the Exec- 
utive Department 31 

Article 1. State Librarian 31 



Article 2. Governor's Messenger, and 

, State House Guard 32 

Chapter 5. — General Regulations as to Offi- 
ces and Officers 33 

Article 1. Of P]ligibility, Qualification, 

Commissions, &e 33 

Article 2. Official Oaths 36 

Article 3. Official bonds, and discharge 

of sureties 38 

Article 4. Delivery of books to suc- 
cessors 42 



Xll 



CONTENTS. 



TITLE IV. 

LEGISLATIVE DEPARTMENT 
Chapter 1. — Of the General Assembly 43 



Chapter 2. — Subordinate Officers of the 
General Assembly 46 



TITLE V 

JUDICIAL DEPARTMENT. 



Chapter 1. — General Provisions as to the 

Judicial Power 

Chapter 2. — The Supreme Court and its 

Officers 

Article 1 . The Supreme Court and its 

Judges 

Article 2. The Clerk 

Article 3. The Reporter 

Article 4. The Sheriff. 

Chapter 3. — The Superior Courts and Offi- 
cers 

Article 1. The Judges 

Article 2. The Clerks 

Article 3. The Receiver 

Chapter 4. — The Inferior Courts and Offi- 
cers 

Article 1. The Court and its Justices. 



49 

49 
51 
53 
54 

54 
54 

58 



64 
64 



Article 2. The Clerk . . 61 

Chapter 5. — The Ordinary 69 

Article 1. The Ordinary and his Court 69 

Article 2. As Clerk 72 

Article 3. As School Commissioner. . 14 
Chapter 6. — Sheriffs and their Deputies ... 15 
Chapter 1. — States's Attorneys and Attor- 
neys at Law 79 

Article 1. Attorney General .... 19 

Article 2. Solicitor General 80 

Article 3. Attorneys at Law 84 

Chapter 8. — Justices of the Peace and 

Constables 91 

Article 1. Justices of the Peaco and 

their Courts 92 

Article 2. Constables 9T 

Chapter 9. — Corporate Courts 99 



TITLE YI. 



COUNTY 

Chapter 1. — Militia Districts 

Chapter 2. — Incorporation of Counties, 

Contracts, and Property.. ..... .... 

Chapter 3. — County Revenue. 

Article 1. From Taxation 

Article 2. From other sources.. . 

Chapter 4. — Certain County Officers 

Article 1. Treasurer 

Article 2. Surveyor 

Article 3. Coroner 



ORGANIZATION. 



100 

101 
104 
104 
101 
110 
110 
115 
111 



Chapter 5. — Public Roads, Bridges, and 

Ferries 120 

Article 1. Public Roads 120 

Article 2. Road Commissioners and 

their duties 128 

Article 3. Bridges and Ferries 131 

Article 4. Railroad Crossings 136 

Article 5. Private Ways 138 

Chapter 6.— The County Poor 141 






TITLE VII. 



PUBLIC REVENUE. 



Chapter 1.— Taxation by the State. . 144 

Article 1. Persons and property ex- 
empt 144 

Article 2. Persons and property taxed 145 
Article 3. Taxes on banks, railroads, 

&c 141 

Article 4. Taxes, how returned and 

collected 149 

Article 5. Delinquent tax-payers, and 
proceedings against them 156 



Article 6. Delinquent Collectors and 

Receivers 159 

Article 1. Tax Receivers 161 

Article 8. Tax Collectors 163 

Article 9. Compensation of Collectors 

and Receivers 165 

Article 10. Miscellaneous provisions. 166 

Chapter 2. — Revenue from other sources . . 166 



TITLE VIII. 

THE PUBLIC DEBT. 
Chapter 1. The Public Debt. 169 



CONTENTS 



xm 



TITLE IX. 



PUBLIC PKOPERTY. 



Chapter 1.— Public buildings 1*72 

Chapter 2.— The lands of the State 172 

Chapter 3. — The "Western and Atlantic P. 
P., and its government 173 



Chapter 4. — Stocks and other funds . 
Chapter 5. — Other public property., 



182 

182 



TITLE X. 

PUBLIC PRINTING. 



m 



Chapter i. — The Public Printer, his duty 

and compensation 183 

Chapter 2. — Other printing 186 



Chapter 3.— The Compiler 186 

Chapter 4. — Distributien of laws and oth- 
er documents 18^ 



TITLE XL 



PUBLIC DEFENCE. 



Chapter 1. — Persons subject to duty, ex- 
emptions, &c 189 

Chapter 2. — Military organization 192 

Article I. Military force, and how 

composed 193 

Article 2. The Yolunteers 193 

Article 3. Cavalry Corps. 198 

Article 4. The Militia. 199 



Article 5. Elections 201 

Chapter 3. — Organization of the Staff of the 
Militia 202 

Chapter 4. — Courts Martial 205 

Chapter 5 —Preservation of order at parade 207 
Chapter 6. — Provisions of local application 208 
Chapter 7. — Miscellaneous provisions. . . . 210 
Chapter 8. — The public arms and arsenals 214 



TITLE XIL 



EDUCATION. 



Chapter 1. — University of Georgia 215 

Chapter 2. — Georgia Military Institute. . . 219 

Chapter 3. — Academy for the Blind 223 

Chapter 4. — Academy for Deaf and Dumb. 225 

Chapter 5. — County Academies 226 

Chapter 6. — Common Schools, and educa- 
tion of the poor 227 



Chapter 6. — 
Article 1 
Article 2 
Article 3 



Education Fund 227 

How paid out 229 

Educational Fund of the 
Counties 229 

Article 4. How managed 230 

Article 5. Beneficiaries of the Fund. . 233 



TITLE XIII. 



ELECTIONS BY 

Chapter 1. — Qualification of voters 235 

Chapter 2. — Elections of members of the 

General Assembly 236 

Chapter 3. — Elections for Governor, Mem- 
bers of Congress, Electors of President, 

Vice President, Judges and Solicitors. . 240 

Article 1. Provisions applicable to all. 240 

Article 2. For Governor 240 

Article 3. For Members of Congress . 241 



THE PEOPLE. 

Article 4. Electors for President and 

Yice President 242 

Article 5. Judges of Superior Court 

and Solicitors General 243 

Chapter 4. — For Justices of the Inferior 

Court, Ordinary and County Officers. . . 244 
Chapter 5. — Justices of the Peace and 

Constables 245 

Chapter 6. — Contested Elections 246 



TITLE XIY. 

ELECTIONS BY THE GENERAL ASSEMBLY. 

Chapter 1. — For Confederate States Sena- | Chapter 2. — Other Officers 

tors 248 



248 



XIV 



CONTENTS. 



TITLE XV. 



POLICE AND SANITARY REGULATIONS. 



Chapter 1. — Lunatic Asylum 249 

Article 1. The Trustees 249 

Article 2. Superintendent 250 

Article 3. Admission and disposition 

of patients 251 

Chapter 2. — Health, Hospitals, Infection 

and Quarantine 254 

Chapter 3. — Free negro seamen and immi- 
grants 258 

Chapter 4. — Physicians and Druggists.. . . 260 
Chapter 5. — Government of slaves and 

free negroes 263 



Chapter 5. — 

Article 1. Patrol laws 263 

Article 2. Other Police regulations.. . 266 
Chapter 6. — Tavern and Retail License.. . 261 

Chapter 1.— Estrays • • 269 

Chapter 8. — Marks and brands 271 

Chapter 9. — Enclosures and fences 211 

Chapter 10. — Firing the woods 212 

Chapter 11.— Mills and Millers 213 

Chapter 12. — Gunpowder 213 



TITLE XYI. 



REGULATIONS OF AGRICULTURE, TRADE, AND COMMERCE. 



Chapter 1. — Banks and Banking 214 

Article 1. Bank returns 214 

Article 2. Obligations and Penalties. . 216 
Article 3. Forfeiture of Charters, and 

liability of Stockholders 218 

Chapter 2. — Notaries Public 280 

Chapter 4. — Ships and seamen 282 

Article 1. Pilotage 282 

Article 2. Seamen 291 

Chapter 5. — Inspection 295 

Article 1. Flour and grain 295 



Article 2. "Wood, Tobacco, &c 291 

Article 3. Liquors 300 

Chapter 6. — Weights and Measures 302 

Chapter 1. — Regulations for particular 

branches of trade and agriculture 303 

Article 1. Cotton, Rice, &c 303 

Article 2. Cultivation of Rice 305 

Article 3. Oysters and Turtle . . . 301 

Article 4. Fishing 308 

Article 5. Boats and Crews 309 

Article 6. Peddlers 330 



TITLE XYII. 

SALARIES AND FEES OF OFFICERS. 



Chapter 1. — Executive Department and 
Officers thereof. 312 

Chapter 2. — Other officers appointed by 
the Governor 312 



Chapter 3. — Officers not appointed by the 

Governor but paid by the State 313 

Chapter 4. — The Legislative Department. . 313 
Chapter 5. — The Judicial Department. ... 314 



PART SECOND. 

CIVIL CODE. 

TITLE I. 

OF PERSONS. 



Chapter 1. — Of the different kinds of Per- 
sons ; their Status and Rights 316 

Article 1. Of Citizens 316 

Article 2. Of Aliens and Residents. . 311 



Article 3. Of Slaves, and Free Per- 
sons of Color 319 

Article 4. Of Corporations 323 

Chapter 2. — Of Domicil, and the manner 
of changing the same 328 



CONTENTS. 



XT 



TITLE II. 

OF THE DOMESTIC RELATIONS. 



Chapter 1.— Of Husband and Wife 330 

Article 1. Of Marriage and Divorce. . 330 
Sec. 1. Marriages — how and by 

whom contracted 330 

Sec. 2. Divorces, and how obtained 333 

Sec. 3. Of Alimony 336 

Article 2. Of the Eights and Liabili- 
ties of Husband and "Wife, and 

herein of Dower 338 

Article 3. Of Marriage Contracts and 

Settlements 342 

Chapter 2. — Of Parent and Child 344 

Article 1. Legitimate Children, and 

herein of Adoption 344 

Article 2. Illegitimate children, or bas- 
tards 347 

Chapter 3. — Of G-uardian and Ward 348 

Article 1. Guardians and Minors. . . . 348 
Sec. 1. How and by whom appoin- 
ted -355 



Sec. 2. Their Powers, Duties and 

Liabilities 355 

Sec. 3. Settlements, Resignation, 
and Letters of Dismission 356 

Article 2. Guardians of Lunatics and 
Idiots 358 

Article 3. Guardians of Free Persons 
of Color 362 

Article 4. Foreign Guardians 364 

Chapter 4. Of Master and Servant 365 

Article 1. Indented Servants and Ap- 
prentices 365 

Article 2. Laborers in Factories 366 

Chapter 5. — Of Master and Slave 361 

.Article 1. Of the relative Duties of 
Master and Slave 361 

Article 2. Of the Rights and Liabili- 
ties of Master as to third persons. . 369 

Article 3. Of Manumission 312 

Article 4. Of Fugitive or Runaway 
Slaves 372 



TITLE III. 



OF RELATIONS ARISING FROM OTHER CONTRACTS. 



Chapter 1.— Of Partnership 315 

Article 1. General Principles 315 

Article 2. Rights and Liabilities of 

Partners among themselves 311 

Article 3. Rights and Liabilities as to 

third Persons 318 

Article 4. Limited Partnerships 319 

Chapter 2.— Of Debtor and Creditor 385 

Article 1. General Principles 385 

Article 2. Acts void against Creditors. 386 

Article 3. Mortgages and other Liens. 388 

Sec. 1. Mortgages 388 

Sec. 2. Other Liens 390 

Article 4. Insolvent Debtors 394 

Sec. 1. How discharged 394 

Sec. 2. Prison Bounds .^ 391 

Sec. 3. Property exempt from sale. 398 

Article 5. Interest and Usury 400 

Chapter 3.— Of Bailments 401 

Article 1. General Principles 401 

Article 2. Of Carriers, and herein of 

R. R. and Steamboat Co's 402 

Article 3. Of Hiring 405 



Article 4. Of Deposits 409 

Article 5. Of Loans 411 

Article 6. Of Mandates, Pledges or 
Pawns 412 

Chapter 4. — Of Principal and Surety 414 

Article 1. Of the Contract 414 

Article 2. Relative Rights of Creditor 

and Surety 415 

Article 3. Rights of Surety against 

Principal 416 

Article 4. Rights of Sureties among 

themselves 419 

Article 5. Rights of Sureties as to 

third persons 419 

Chapter 5. — Of Principal and Agent 420 

Article 1. Relation of Principal and 

Agent among themselves 420 

Article 2. Rights and Liabilities of 

Principal as to third persons 422 

Article 3. Rights and Liabilities of 

Agent to Third Persons 423 

Article 4. Of Overseers 425 



TITLE IV. 

OF PROPERTY AND THE TENURE BY WHICH IT IS HELD. 

Chapter 1.— Of realty 426 | Chapter 2.— Of personalty 



429 



XVI 



CONTENTS. 



TITLE Y. 

OF ESTATES AND THE RIGHTS ATTACHED THERETO. 



Chapter 1. — Of absolute estates, or in fee 

simple 430 

Chapter 2.— Of estates for life 432 

Chapter 3. — Of estates in remainder and 

reversion 434 

Chapter 4. — Of estates for years 435 

Chapter 5. — Of landlord and tenant 436 



Chapter 6. — Of estates upon condition.... 438 

Chapter 7. — Of tenancy in common 439 

Chapter 8. — Of trust estates 440 

Article 1. Of their creation and nature 440 
Article 2. Of trustees, appointments, 
powers, &c 442; 



TITLE VI. 

OF TITLE AND THE MODE OP CONVEYANCE. 



Chapter 1.— Of grants 445 

Article 1. Grants generally 445 

Article 2. Of head rights 447 

Article 3. Of land lotteries 450 

Article 4. Of processioning 450 

Chapter 2. Of title by will 453 

Article 1. Of the nature of wills; by 

whom and how executed 453 

Article 2. Of probate and its effects. . 459 

Article 3. Of the executor 460 

Article 4. Of devises aud legacies.. . . 462 

Article 5. Of revocation 465 

Article 6. Of nuncupative wills 466 

Chapter 3. Of title by descent and admin- 
istration 467 

Article 1. Of inheritable property, and 
the relative rights of heir and ad- 
ministrator 467 

Article 2. Of administration 470 

Sec. 1. Different kinds of adminis- 
trators, and rules of granting let- 
ters 470 

Sec. 2. Of their appointment, bonds, 

and removal 472 

Sec. 3. Inventories, appraisements 

and returns 475 



Sec. 4. Of managing the estate, and 

paying debts 477 

Sec. 5. Of receiving and making ti- 
tles on bonds for titles 480 

Sec. 6. Of administrators' sales. .. . 481 
Sec. 7. Of distribution, advance- 
ments, and provision for family. . 484 
Sec. 8. Of commissions and extra 

compensation 48T 

Sec. 9. Of final settlements and re- 
ceipts, and herein of interest. . . . 489* 
Sec. 10. Of letters of dismission and 

resignation 491 

Sec. 11. Of removing proceedings to 

another county 492 

Sec. 12. Of foreign administrators . 493 

Chapter 4. — Of title by judicial sale 494 

Chapter 5. — Of title by contract 496 

Article 1. Of private sales 496 

Article 2. Of gifts 500 

Chapter 6. — Of title by escheat and forfeit- 
ure 501 

Chapter 7. — Of title by prescription 503 

Chapter 8. — Of conveyance of title 505 

Article 1. Generally 505 

Article 2. Of covenants and warranty 506 
Article 3. Of registration 507 



TITLE VII. 

OF CONTRACTS. 



Chapter 1. — General principles 509 

Chapter 2. — Of the parties 511 

Chapter 3. — Of the consideration 513 

Chapter 4. — Of illegal and void contracts. . 514 

Chapter 5. — Of construction of contracts. . 515 

Chapter 6. — Of negotiable contracts 516 

Article 1. Of negotiable paper, and 

how transferred 516 

Article 2. Of endorser's notice and 

protest 518 

Article 3. Of the rights of holders. . . 519 

Article 4. Of damages 520 

Chapter 7. — Of contracts of insurance.. . . 520 

Article 1. Fire insurance 520 

Article 2. Life insurance 523 

Article 3. Marine insurance 524 

Article 4. Mutual insurance 525 

Chapter 8. — Of defences to contracts 526 



Article 1/ Denial of the contract 526 

Article 2. Denial of its obligation, and 

herein of acts of opposite party. . . . 527. 
Article 3. Payments, and herein of 

appropriation of payments 528 

Article 4. Performance, and herein of 

tender 529 

Article 5. Accord and satisfaction. . . 530' 

Article 6. Arbitrament and award. . . 531 
Article 7. Pendency of another action, 

and former recoverv 532 

Article 8. Set-off .' 533 

Article 9. Limitation of actions 535 

Sec. 1. Periods of limitation 535. 

Sec. 2. Exceptions and disabilities. 536 

Sec. 3. New promise 538 

Chapter 9. Of breach of contract and dam- 
age * 538 



CONTENTS. 



xvn 



TITLE VIII. 

OF TORTS OR INJURIES TO PERSON Oil PROPERTY. 



Chapter 1. — General principles 540 

Chapter 2. — Of injuries to the person 543 

Article 1. Physical injuries 543 

Article 2. To reputation 544 

Sec. 1. Libel and slander 544 

Sec. 2. Malicious prosecution 545 

Article 3. Other injuries to the person 546 

Sec. 1. False imprisonment 546 

Sec. 2. Malicious arrest 547 

Sec. 3. Nuisances and other injuries 

to health 547 

Sec. 4. Indirect injuries to person 549 



Chapter 3. — Of injuries to property 550 

Article 1 . To real estate 550 

Article .2. To personalty generall}-. . . 551 

Article 3. To slaves 552 

Article 4. By railroad companies. . . . 553 

Chapter 4. — Of defences 554 

Article 1. Justification 554 

Article 2. Satisfaction, and herein of 

tender 555 

Article 3. Limitation of actions 556 

Article 4. Other defences 556 

Chapter 5. — Of damages 557 



TITLE IX. 



OF EQUITY 



Chapter 1 . — G eneral principles 

Chapter 2. — Of discovery , 

Chapter 3. — Of perpetuation of testimony. 
Chapter 4. — Of accident and mistake. 

Chapter 5. — Of account and set-off. , 

Chapter 6. — Of administration of assets. , 

Chapter 7. — Of charities , 

Chapter 8. — Of election 

Chapter 9. — Of the execution of powers. . 
Chapter 10.— Of fraud 



559 
561 
562 
563 
565 
567 
568 
569 
570 
571 



Chapter 11. — Of partition 572 

Chapter 12. — Of specific performance 573 

Chapter 13. — Of trusts and trustees 574 

Chapter 14.— Of extraordinary remedies. . 575 
Article 1. Of mandamus, quo warranto 

and prohibition 575 

Article 2, Of injunctions 576 

Article 3. Of ne exeat and quia timet 577 
Article 4. Of bills of peace and inter- 
pleader 579 



PART THIRD. 



THE CODE OF PRACTICE 



• TITLE I. 

OF THE JUDGES, SESSIONS, AND ADJOURNMENTS OF COURTS. 



Chapter 1. — Of the Supreme Court 580 

Chapter 2. — Of the Superior and Inferior 

Courts 581 

Article 1. Number and times of ses- 
sions 582 



Article 2. Of the adjournments of the 

Superior and Inferior Courts 585 

Chapter 3. — Of the Judges of the Superior 
Courts 586 



TITLE II. 



OF ACTIONS. 



Chapter 1. — General Principles 588 

Chapter 2. — Of Attachments 590 

Article 1. Of issuing Attachments .. . 590 
Article 2. In what manner, on what 
property executed, and proceeding 

thereon 595 

Article 3. Proceedings on Garnish- 
ment 597 

Article 4. Pleadings and Defences. . . 600 



Article 5. Replevy, and disposition of 
property attached 602 

Article 6. Claims, and proceedings 
therein 604 

Article 7. Lien of Attachments, Gar- 
nishments, and Executions 606 

Chapter 3. — Of Petitions and Process. . . . 607 
Article 1. General Provisions 607 



Article 2. Particular Cases. 



609 



XY111 



CONTENTS. 



Chapter 3. — Article 2. — 

Sec. 1 Against joint, and joint and 

several Contractors 609 

Sec. 2. In ejectment 611 

Sec. 3. Against Corporations 612 

Sec. 4. Against Trustees 615 

Sec. 5. Against Executors, Admin- 
istrators, and Guardians 616 

Sec. 6. Particular Forms 618 

Chapter 4.— Of the Venue 621 



Chapter 5. Of Bail in Civil Cases 622' 

Article 1. Bail at the Commencement 

of the Action .- 622 

Article 2. Bain pendente lite 626 

Article 3. Proceedings against Bail. . 627 
Article 4. Bail in action for Person- 
alty 628 

Chapter 6. — Of Making parties 630 

Chapter 7. — Of Abatement, Retraxit, Dis- 
missal and Renewal of Actions 632 



TITLE III. 

OF DEFENCES, AND PROCEEDINGS PENDING ACTION. 



Chapter 1 
Article 
Article 

Sec. 

Sec. 

Sec. 

Sec. 

Sec. 

Sec. 

Chapter 2.- 

Article 



— Of Defences — Pleas. 



1. General Provisions 

2. Particular Pleas 

1. To the Jurisdiction , 

2. Of set-off 

3. Of Usury 

4. Of failure of consideration. 

5. Of Non est Factum 

6. Of other Pleas 

-Of amendments 

1. G eneral Principles 



634 
634 
636 
636. 
637 
638 
638 
638 
639 
640 
640 



Article 2. Particular Cases 641 

Sec. 1. Of amending Verdicts, Judg- 
ments, and Executions 641 

Sec. 2. Of amending Official Re- 
turns 642 

Sec. 3. Of amending Records 643 

Sec. 4. Of other Amendments. . . . 644 
Chapter 3. — Of the production of Papers. 644 

Chapter 4. — Of Continuances 648 

Chapter 5. — Of Garnishments 650 



TITLE IY. 

OF THE VERDICT AND JUDGMENT. 



Chapter 1. — Of the Verdict and Judg- 
ment 654 

Article 1. Of the Verdict and its re- 

. ception. ...■- 654 

Article 2. Of entering Judgments. . . 655 
Article 3. Effect and Lien of Judg- 
ments 656 



Articled Of attacking Judgments.. 658 
Article 5. Transfer of Judgments .... 660- 
Article 6. Confession of Judgment. . . 660* 
Article 7. Of dormant Judgments, 
and revival thereof. 661 



TITLE Y. 

OF APPEALS. 



Chapter 1.— Of Appeals 662 

Article 1. In what cases allowed. ... 662 
Article 2. When, by whom, and how 
entered 663 



Article 3. Effect of Appeal 665 

Article 4. How and when tried 666 



TITLE YI. 



OF EXECUTIONS. 



Chapter 1. — Of different kinds of Execu- 
tions 666 

Article 1. When and how issued, and 
returned 666 

Article 2. Ca. sas., how executed 
and proceedings thereon 668 

Article 3. Of a fi. fa., how levied, 
and proceedings thereon 670 

■ . 



Article 4. Of Sales under Execution, 

when and how made 671 

Article 5. Of the satisfaction of Exe- 
cutions 673 

Chapter 2. — Of the stay of Executions. . . 674 
Chapter 3. — Of the Illegality of Execu- 
tions 674 

Chapter 4. — Of forthcoming Bonds 676 



CONTENTS. 



xix 



TITLE YIL 

OF COSTS IN CIVIL CASES. 



■Chapter 1. — Costs in Civil Cases 61*7 

Article 1. How Taxed 677 



Article 2. How Collected 678 

Chapter 2.— Fees of Officers of Court, ... 679 



Chapter 1.— Of New Trials 

Article 1. By whom and for what 
causes allowed 690 



TITLE VIII. 

NEW TRIALS. 

... 690 



Article 2. When, where and how 
tried 692 



TITLE IX. 

OF CLAIMS. 

-Chapter 1. — Of claims to property in exe- Article 2. When, where and how 

cution 693 | tried 694 

Article 1. How and by whom inter- j Chapter 2. — Of claims at other judicial 

posed 693 i sales 696 



TITLE X. 

OF EVIDENCE. 



Chapter 1. — General principles 697 

Chapter 2. — Of the rules governing the 

admission of Testimony 699 

Article 1. Of the general rules 699 

Article 2. Of hearsay evidence 701 

Article 3. Of admissions and confes- 
sions 703 

Article 4. Of parol evidence to affect 

written 705 

Chapter 3. — Of discovery from the parties 706 
Chapter 4. — Of records and other written 

evidence 707 

Article 1. Of records and public doc- 
uments 707 



Chapter 4. — 

Article 2. Of private writings 710 

Chapter 5. — Of oral testimony 711 

Article 1. Witnesses-their attendance 

and fees 711 

Article 2. Of the competency of wit- 
nesses 713 

Article 3. Of the examination of wit- 
nesses 715 

Chapter 6. — Of interrogatories and deposi- 
tions 717 

Chapter 7. — Of perpetuating testimony.. . 720 



TITLE XL 

OF JURIES 



Chapter 1— Of G-rand Juries. 721 

Article 1. Of the Qualification of 

Grand Jurors 721 

Article 2. How selected, drawn, and 

summoned 721 

Article 3. Oath of the Grand Jury. . . 723 
Article 4. Of the Power and Duty of 

a Grand Jury 724 

Chapter 2. — Of Special Juries \ . 725 

Chapter 3.— Of Petit Juries 726 



Article 1. Of the qualifications of Pe- 

- tit Jurors 726 

Article 2. How selected, drawn, sum- 
moned, and sworn 726 

Chapter 4. — Of Juries in the Inferior 

Court 727 

Article 1. Of the qualifications of Ju- 
rors in the Inferior Court 727 

Article 2. How selected, drawn, sum- 
moned, and sworn 727 

Chapter 5. — Special Provisions, 728- 



XX 



CONTENTS. 



TITLE XII 

OF PROCEEDINGS AGAINST OFFICERS OF COURT. 

Chapter 1 . — Of Proceedings against Officers of Court 730 

♦ 

TITLE XIII. 

OF PROCEEDINGS TO FORECLOSE MORTGAGES. 



Chapter 1. — Mortgages on Real Estate — 

how foreclosed 734 

Article 1. Of the application — when 

and how made 734 

Article 2. Defences, Pleas — when and 

how made 735 

Article 3. Of the Judgment, Disposi- 
tion of Property, &c 735 



Article 4. Of the proceeds of Sale, 

how appropriated 736 

Chapter 2. — Proceedings to foreclose a 

Mortgage on Personalty 736 

Article 1. Of the Application — by 

whom and how made 736 

Article 2. Of Defences — when and 
how made 738 



TITLE XIY. 

OF PROCEEDINGS TO ESTABLISH LOST PAPERS. 



Chapter 1. — Lost papers — when, where, 

and how established 740 

Article 1. How established in the Su- 
perior and Inferior Courts 740 



Chapter 1. — 

Article 2. How established in a Justi- 
ces' Court 742 



TITLE XY. 

OF PROCEEDINGS TO OBTAIN PARTITION. 



Chapter 1. — Partition of Land — how ob- 
tained 743 

Article 1. When, where, and by whom 
the application must be made 743 

Article 2. Notice to parties — how giv- 
en, and upon whom served. 744 

Article 3. Of the issuing, execution, 
and return of the writ 744 



Article 4. Defences — when and where 
made 745 

Article 5. Of the Judgment 746 

Article 6. Of the remedy of parties 
absent from the State, under disa- 
bility, or'not served with notice. . . 747 
Chapter 2. — Partition of personal property, 
how obtained 748 



TITLE XVI. 

OF PROCEEDINGS ON APPLICATION FOR HABEAS CORPUS. 
Chapter 1. — Proceedings on application for Habeas Corpus 748 

TITLE XVII. 

OF POSSESSORY WARRANTS, AND PROCEEDINGS THEREON. 



Chapter 1. — Possessory warrants, and pro- 
ceedings thereon 753 

Article 1. By whom and on what 
grounds the warrant may issue.. . . 753 



Article 2. How executed and returned 754 
Article 3. Of the trial, judgment and 
subsequent proceedings 754 



CONTENTS. 



xxi 



TITLE XYIII. 

OF PROCEEDINGS ON TRIAL OF CITIZENSHIP. 
Chapter 1. — Proceedings on trial of citizenship 756 

TITLE XIX. 

OF PROCEEDINGS ON A SUIT FOR FREEDOM. 



Chapter 1. Proceedings on a suit for free- 
dom 758 



Article 1. Preliminary proceedings. . . 758 
Article 2. Proceedings on the trial. . . 760 



TITLE XX. 

OF THE WRIT OF CERTIORARI. 

Chapter 1. — Of the writ of certiorari 761 j Article 2. How obtained, andproceed- 

Article 1. In what cases the writ of ings thereon 762 

certiorari lies < 761 | Article 3. Of the answer, hearing, 

judgment and costs 763 

TITLE XXL 

PROCEEDINGS AGAINST TRESPASSERS ON" LANDS, AND TENANTS HOLDING 

OVER. 



Chapter 1. — Proceedings against trespas- 
sers on lands, and tenants holding over. 767 
Article 1. Proceedings against intru- 
ders •. 767' 



Article 2. Proceedings against tenants 

holding over 768 

Chapter 2. — Forcible entry and detainer. . 769 



TITLE XXII. 

PROCEEDINGS FOR THE ABATEMENT OF NUISANCES. 

Chapter 1. — Proceedings for the abatement of nuisances 771 

TITLE XXIII. 

OF INQUESTS, AND PROCEEDINGS THEREON. 
Chapter 1. — Of inquests, and proceedings thereon 772 

TITLE XXIY. 

OF PROCEEDINGS IN COURTS OF ORDINARY. 



Chapter 1. — Proceedings in Courts of Ordi- 
nary 775 

Article 1. Sessions and adjournments. 775 

TITLE XXV 



Article 2. Practice in Courts of Ordi- 
nary 776 



OF PROCEEDINGS OF THE INFERIOR COURT, SITTING FOR COUNTY PURPOSES. 



Chapter 1 .—Proceedings of the Inferior 
Court, sitting for county purposes 777 



Article 1. Sessions and adjournments. 777 
Article 2. Proceeding's therein 77S 



XX11 



CONTENTS. 



TITLE XXYI. 

OF THE PROCEEDINGS IN JUSTICES' COURTS. 



'Chapter 1. — Of the proceedings in Justices' 

Courts T80 

Article 1. When and where held 780 

Article 2. Jurisdiction of Justices' 

Courts 181 

Article 3. Commencement of suits, ser- 
vice and return of summons 182 

Article 4. Pleas and defences 183 

Article 5. Evidence, witnesses, inter- 
rogatories 784 



Article 6. Trial and judgment 785 

Article 7. Appeals 786 

Article 8. Claims and trial thereof. . . 787 
Article 9. Final judgment and execu- 
tion 788 

Article 10. Defaulting constables, ju- 
rors, witnesses, and contempts — 

how punished 789 

Article 11. Levy and sale under fi.fa. 790 



TITLE XXVII. 

EQUITY PLEADING AND PRACTICE. 



'Chapter 1. — Of the bill and subpoena, and 
service thereof 792 

Chapter 2. — Of demurrers, pleas, and an- 
swers 795 

Chapter 3. — Of interlocutory decrees, re- 
ceivers, masters, &c 796 



Chapter 4. — Of the trial and its incidents. 797 
Chapter 5. — Of the final decree and its en- 
forcement 798 

Chapter 6. — Of other proceedings in chan-. 
eery 799 



TITLE XXVIII. 

OF ARBITRATION AND AWARD. 



^Chapter 1. — Special provisions 800 

Article 1. Of the submission 800 

Article 2. Of the organization and 

hearing 801 

Article 3. Of continuances and ad- 
journments 802 

Article 4. Of the evidence and wit- 
nesses 803 



Article 5. Of the powers of arbitrators 803 
Article 6. Of the rendition and effect 

of the award 804 

Article 7. How attacked 804 

Article 8. Of costs and compensation 

of the arbitrators 805 

Chapter 2. — General principles 805 



TITLE XXIX. 

PRACTICE IN CONNECTION WITH THE SUPREME COURT. 



Chapter 1. — Of bills of exception and writ 
of error 



Chapter 2. — Of proceedings in the Supreme 
Court 810 



CONTENTS. 



xxin 



PART FOURTH. 

PENAL LAWS. 

TITLE I. 

PENAL CODE. 



Div. 1. — Persons capable of committing 

crimes 813 

Div. 2. — Principles and accessories 816 

Div. 3. — Crimes against the State and peo- 
ple 817 

Div. 4. — Crimes against the person 819 

Div. 5. — Crimes against the habitation. . . 828 

Div. 6. — Crimes relative to property 830 

Div. 7. — Forging and counterfeiting 842 

Div. 8. — Crimes against public justice. . . . 847 
Div. 9. — Against public peace and tran- 
quility 856 

Div. 10. — Against public morality, health, 

police and decency 858 

Div. 11. — Cheats and swindlers 868 

Div. 12. — Fraudulent or malicious mischief 871 



Div. 13. — Offences relative to slaves S75> 

Div. 14. — Indictment and proceedings to 

execution 883 

Div. 15. — Contempts of court and attempts 

to commit crimes 899- 

Div. 16. — Proceedings in preliminary c'rts 900 
Article 1. Proceeding prior to arrest. 900 
Article 2. Of arrest and its conse- 
quences 902 

Article 3. Of courts of inquiry, com- 
mitment and bail 903 

Article 4. Of warrants for good beha- 
vior, and to keep the peace 906 

Article 5. Of search warrants 907 

Article 6. Of proceedings in cases of 
bastardy 908 



TITLE II. 

PENITENTIARY LAWS. 
Chapter 1. — Penitentiary laws • 910 

TITLE III. 

PENAL CODE FOR SLAVES AND FREE PERSONS OF COLOR. 



Article 1. General principles 916 

Article 2. Capital offences 918 

Article 3. Offences not capital 919 



Article 4. Trial for offences 921 

Article 5. Bail — when allowed 923 



APPENDIX. 

Laws having reference to the city of Savannah, ' 924 

Ordinance of Secession, 959 

Constitution of Georgia, 960 

Constitution of the Confederate States, 975 

Miscellaneous Provisions, 993 



THE CODE OF GEORGIA. 



PART FIE^ST— THE POLITICAL AND PUBLIC ORGAN- 
IZATION OF THE STATE. 
PART SECOND— THE CIVIL CODE. 
PART THIRD— THE CODE OF PRACTICE. 
PART FOURTH— THE PENAL LAWS. 



PRELIMINARY PROVISIONS. 



Section. 



1. Obligation of Laws. 

2. Code — when and how to take effect. 

3. Acts — when to take effect. 

4. When " from and after passage." 

5. Rules for construction of Statutes. 

6. Meaning of Specific Terms. 
*I. Future operation of Laws. 
8. Ignorance of Law. 



Section. 
9. Lex Loci. 

10. Comity of States. 

11. Waiver of Law. 

12. Repeal of Repealing Act. 

13. Local Laws. 

14. Bonds of Public Officers. 

15. Bonds taken by Public Officers. 

16. Inspection of Office Books. 



§1. The laws of this State shall be thus graduated in reference {^, gationof 
to their obligation : 

First. The Constitution of the Confederate States. 

Second. Treaties entered into by the Federal Government 
within the scope of their power. 

Third. Laws of the Confederate States made in pursuance of 
the Constitution. 

Fourth. The Constitution of this State. 

Fifth. The Statutes of this State. 

Sixth. Such portions of the Common, Civil, Canon and Stat- 
ute Laws of England, as were usually in force in the Province of 
Georgia prior to 14th May, A. D. 1776, which were applicable 
1 



2 PEELIMINAEY PKOVISIONS. 



to the condition and habits of the people so far as the same are 
consonant with our form of Government, and are not repealed, 
modified or superseded by the provisions of this Code. 

Seventh. The customs of any business or trade shall be binding 
only when it is of such universal practice, as to justify the conclu- 
sion, that it became, by implication, a part of the contract. 

and 6 w to § 2. This Code shall take effect on the first day of January, 1862. 

take effect. ^j[ offences committed prior to that date, shall be tried and 
punished under existing laws ; and all rights, or obligations, or 
duties acquired or imposed by existing laws, shall remain valid 
and binding, notwithstanding the repeal or modification of such 
laws. 

totekleffect S®« -^ acts hereafter passed by the General Assembly, un- 
less specifically provided otherwise in the Acts, shall take effect 
and be obligatory only from the first day of July next succeed- 
ing the date of their passage. 

when "from §4. Public Laws which in themselves prescribe specifically 

and after pas- ° % 

Bage." that they are to take effect " from and after their passage," shall 
not be obligatory on the citizen until published in some public 
gazette, and three days shall be allowed, from the date of publica- 
tion, for every hundred miles distance from the Capital, before a 
knowledge of the law shall be presumed against the citizen. 

construction § «>* The following rules shall govern the construction of all 

of statutes. g tatutoi .y. enactments in this State : 

First. The ordinary signification shall be applied to all words, 
except words of Art, or connected with a particular trade or sub- 
ject matter, when they shall have the signification attached to 
them by experts in such trade, or with reference to such subject 
matter. 

Second. The present or past tense shall include the future. 
Third. The masculine gender shall include the feminine and 
neuter. 

Fourth. The singular or plural number shall each include the 
other, unless expressly excluded. 

Fifth. A joint authority given to any number of persons, or 
officers, may be executed by a majority of them, unless it is other- 
wise declared. 

Sixth. A substantial compliance with any requisition of the 
Code, or laws amendatory thereof, especially on the part of pub- 
lic officers, shall be deemed and held sufficient, and no proceed- 
ing shall be declared void for want of such compliance, unless ex- 
pressly so provided by the enactment. 



PRELIMINARY PROVISIONS. 



Terms. 



Seventh. When a bond is required by law, an undertaking in 
writing, without seal, is sufficient, and in all bonds where the 
names of the obligors do not appear in the bond, but are sub- 
scribed thereto, they are bound thereby. 

Eighth. When a number of days is prescribed for the exercise 
of any privilege, or the discharge of any duty, only the first or 
last day shall be counted ; and if the last day shall fall on the 
.Sabbath, another day shall be allowed in the computation. 

Ninth. In all interpretations, the Courts shall look diligently 
for the intention of the General Assembly, keeping in view, at all 
times, the old law, the evil and the remedy. Grammatical errors 
shall not vitiate, and a transposition of words and clauses may be 
resorted to when the sentence or clause is without meaning as it 
stands. 

§6. The following meaning shall be given to each of the fol-^Sfi n c gof 
lowing words in all Statutes, unless a different meaning is appa- 
rent from the context : 

"Property" includes real and personal property. 

" Personal Property" includes everything except interests ex- 
ceeding a lease-hold in lands, tenements and hereditaments. 
Stocks in incorporated Companies, though the object of the Com- 
pany is necessarily connected with the land, shall be held as per- 
sonal property. 

" Person" includes a corporation ; it does not include slaves or 
free persons of color, unless named. 

" Writing" includes printing, and all numerals. 

" Oath" includes affirmation. 

" Signature" or " Subscription" includes the mark of an illit- 
erate or infirm person. 

" Lunatic" " Insane" or " JVon-Oompos-Mentis" each includes 
all persons of unsound minds. 

" Negro" includes mulattoes and all slaves. 

"Free Person of Color" means all such as, by admixture of 
negro blood, are excluded from being citizens. 

"Justice" when applied to magistrates, means Justice of the 
Peace. 

" Preceding" and " Aforesaid" mean generally next before, 
and "following" next after, unless the context requires a different 
signification. 

" Month" means a calendar month. 

" Year" means a calendar year. 

■" Seal" shall include impressions on the paper itself, as well as 



PRELIMINARY PKO VISIONS. 



Future ope 
ration of 
laws. 



law, 



Lex loci. 



impressions on wax or wafers, with the exception of Official Seals. 
A. /Scrawl, or any other mark intended as a seal, shall be held as 
such. 

"Highway" or " Road-" includes bridges upon the same. 

§ 7. Laws prescribe only for the future ; they cannot impair 
the obligation of contracts, nor generally have a retrospective 
operation. Laws looking only to the remedy or mode of trial, 
may apply to contracts, rights and offences entered into, ac- 
crued or committed prior to their passage ; but in every case a 
reasonable time subsequent to the passage ot the Statute should 
be allowed for the citizen to enforce his contract, or protect his 
right. 
e of § 8. Laws, after promulgation, are obligatory upon all in- 
habitants of this State, and ignorance of the law excuses no one. 

§9. The validity, form and effects of all writings or con- 
tracts, are determined by the laws of the place where executed. 
When such writing or contract is intended to have effect in this 
State, it must be executed in conformity to the laws of this State, 
excepting wills of personalty of persons domiciled in another 
State or country. 

§10. The laws of other States, and foreign nations, shall have 
no force and effect of themselves within this State, farther than 
is provided by the Constitution of the Confederate States, and 
is recognized by the comity of States. The Courts shall enforce 
this comity, until restrained by the General Assembly, so long 
as its enforcement is not contrary to the policy, or prejudicial 
to the interests of this State. 

§11. Laws made for the preservation of public order, or good 
morals, cannot be done away with or abrogated by any agree- 
ment ; but the citizen may waive or renounce what the law has 
established in his favor, when he does not thereby injure others, 
or affect the public interest. 

§12. The repeal of a Repealing Act shall not be construed 
to revive the former Act, unless such appears manifestly to have 
been the intention of the General Assembly. ^ 

§13. If there is a law in force at the time of the adoption 
of this Code, having entirely a local application, such local law 
is not repealed by this Code, unless so expressly declared. 

§14. All bonds taken from Public Officers, shall be kept 
in the places specified by law, and copies thereof shall be fur- 
nished to any person desiring them. Suits thereon may be brought 



Comity of 
States, 



Waiver of 
law. 



Eepeal of 
Repealing 

Act. 



Local laws. 



Bonds of 
Public Of- 
ficers. 






PKELIMIIS T ARY PROVISIONS. 



by any person aggrieved by the official misconduct of the officer, 
in his own name, in any Court having jurisdiction thereof. 

§15. All bonds taken by Public Officers, under the laws Bonds take 11 

° J .by Public 

of this State, shall be returned to the offices specified by law; 0fficers - 
and any person interested therein, may bring suit thereon, in his 
own name, in any Court having jurisdiction thereof. 

§16. All books kept by any Public Officer, under the laws Jjg^ a 
of this State, shall be subject to the inspection of all the citizens Book8 - 
of this State, within office hours every day, except Sundays and 
holidays. 



PART I. 

THE POLITICAL AND PUBLIC ORGANIZATION OF THE STATE. 



TITLE I. 

DIVISIONS AND JURISDICTIONS. 



CHAPTEE I. 

OF THE BOUNDARY, SOVEREIGNTY AND JURISDICTION OF THE STATE. 



Aetiole 1. The Boundary of the State. 

Article 2. The Sovereignty and Jurisdiction of the State. 

Article 3. Coast Survey. 



ARTICLE I. 



THE BOUNDARY OF THE STATE. 



Section. 
Vl. Boundary of the State. 

18. Line between Ga. and S. Carolina. 

19. Between Ga., N. C. and Tennessee. 



Section. 

20. Between Georgia and Alabama. 

21. Between Georgia and Florida. 



§17. The boundaries of Georgia, as deduced from the Con- Boundaries 
stitution of Georgia, the Convention of Beaufort, the Articles of of Georgia. 
Cession and agreement entered into on the 24th April, 1802, the' 
resolution of the General Assembly of December 8th, 1826, and 



6 PT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovereignty, &c. 

Article 1. — The Boundary of the State. 



the adjudications and compromises affecting Alabama and Flor- 
ida, are as follows : 

From the sea, or the month of the river Savannah, along the 
stream thereof, to the fork or confluence made by the rivers Ke- 
owee and Tugalo, and thence along said river Tugalo, until the 
fork or confluence made by said Tugalo and the river Chattooga, 
and up and along the same to the point where it touches the 
Northern boundary line of South Carolina, and the Southern 
boundary line of North Carolina, which is at a point on the thir- 
ty-fifth parallel of North latitude, reserving all the Islands In 
said rivers Savannah, Tugalo and Chattooga to Georgia ; thence 
on said line of said thirty-fifth parallel, from said point of inter- 
section, and on and along said line West, to a point where it 
merges into, and becomes the Northern boundary line of Ala- 
bama, it being the point fixed by the survey of the State of Geor- 
gia, and known as Nickajack ; thence in a direct line to the great 
bend of Chattahoochee river, called Miller's Bend, it being the 
line run, and marked by said survey, and thence along and down 
the Western bank of said Chattahoochee, along the line or limit . 
of high-water mark to its junction with Flint river ; thence along 
a certain line of survey, made by Gustavus J. Orr, a Surveyor 
on the part of Georgia, and W. Whitner, a Surveyor on the part 
of Florida, beginning at a fore-and-aft tree, about four chains be- 
low the present junction ; thence along this line East, to a point 
designated Thirty-Seven Links North of Ellicott's Mound on the 
St. Mary's river ; thence along the middle of said river to the 
Atlantic Ocean, and from thence to the mouth or inlet of said 
Savannah river, to the place of beginning, including all the lands, 
waters, Islands and jurisdictional rights within said limits, and also 
all the Islands within twenty marine leagues of the Sea Coast. 

tweenGeor- §18. The boundary between Georgia and South Carolina, 
south caro- shall be the line described as running from the mouth of the river 
Savannah, up said river, and the rivers Tugalo and Chattooga, 
to the point where the last named river intersects with the thir- 
ty-fifth parallel of North latitude, conforming, as much as possi- 
ble, to the line agreed on by the Commissioners of said States at 
Beaufort on the 28th April, 1787. 
tweenGeor- §19- The boundary between Georgia and North Carolina, 
North d Caro- an( l Georgia and Tennessee, shall be the line described as the 
tween n Geo?- thirty-fifth parallel of North latitude, from the point of its inter- 
Ksee? Ten section by the river Chattooga, West to the place called Nickajack. 



s' 



PT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovereignty, &c. 



Article 1.— The Boundary of the State. 



§20. The boundary line between Georgia and Alabama, shall 
be the line described from Mckajack to " Miller's Bend" on^ n b g eor 
Chattahoochee, and down said river to its junction with the Flint. | 1 a i J n ^ nd Ala " 

§21. The boundary line between Georgia and Florida shall 
be the line described from the junction of the Flint and Chatta- Line be- 
hoochee rivers, to the point Thirty-Seven Links North of Elli- gKnd 
cdtt's Mound, on the St. Mary's river ; thence down said river to 
the Atlantic Ocean. 



ARTICLE II. 

THE SOVEREIGNTY AND JURISDICTION OF THE STATE. 

Section. I Section. 

22. Jurisdiction as to places. 24. Governor must defend Suits — when. 

23. Jurisdiction as to persons. 

§22. The sovereignty and jurisdiction of this State extends ^ e jS$c- 
to all places within the limks of her boundaries, except so far as ^JJ t0 
she has voluntarily ceded the same to the Confederate States, or 
adjacent States, over particular localities. 

§23. The jurisdiction of this State, and its laws extend to^jy^s^ 
all persons while within its limits, whether as citizens, denizens JSJJ^J! 
or temporary sojourners. 

§24. When any suit is instituted against the State, or against nor°mustde- 
any person, in the result of which the State has an interest, wWchThl in 
under pretence of any claim inconsistent with its sovereignty, terested! n " 
jurisdiction or rights, the Governor shall, in his discretion, 
provide for the defence of such suit, unless otherwise specially 
provided for. 



ARTICLE III. 

COAST SURVEY. 

Section. ! Section. 

25. Persons employed in Coast Survey. 28. How costs may be avoided. 

26. Damages to land owners — awarded. | 29. Amount of the costs. 
2*7. Award — objections thereto, issue, etc. \ 

§25. Any person employed under the Act of the Congress *jj**jj£Fi* 
of the Confederate States, providing for a survey of the coasts, gS^S- 
may enter upon lands and clear or cut timber within this State ve - v - 



8 PT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovereignty, &o. 

Article 3. — Coast Survey. 

upon the same, for any purpose legitimately connected with, and 
requisite to effect the said object : Provided, no unnecessary in- 
jury be done thereby, and all damages to the owner of the land be 
promptly paid. 
Sm^owcts §26. If the parties representing the Government of the Con- 
soled* be federate States, and the owner or possessor of the land so en- 
tered upon, cannot agree upon the amount to be paid for said 
damages, either party may complain in a summary manner to 
the nearest Justice of the Peace of the county within which the 
land lies, who shall associate with him two disinterested free- 
holders of the county, one to be named by each party interested, 
who shall, upon hearing the parties, and with or without view of 
the premises, as they may determine, proceed to assess and award 
the damages, if any, provided the party complaining shall give 
the opposite party ten days' notice in writing of the time and 
place, when and where said complaint is to be heard, and the 
name of the freeholder by him selected. 
Award— ob- §27. The said assessors, without unreasonable delay, shall 

i Gcfcions 

thereto, and file their award in the office of the Clerk of the Inferior Court of 

trial of the -i • -i i -n i -t 

issue. the county, which shall be conclusive upon both parties, unless 

objections are filed to the same within ten days after the filing 
of the award. If objections are filed, the other party shall have 
written notice ; whereupon an issue shall be made and tried at 
the first term thereafter of said Court, under the same rules as 
other civil cases. 

S avoided §^' ^e person so entering upon lands, may tender such 

da^agelT ° f am0IlI1 t as he chooses for the damage done, and if the damages 
finally assessed shall not exceed the sum tendered, the party com- 
plaining shall pay all costs. 

tS* tot §29- The costs before the Justice, and in the Inferior Court, 
shall be the same as are allowed by law in civil cases in said 
. Courts. 



CHAPTER II. 

THE POLITICAL AND JUDICIAL DIVISIONS OF THE STATE. 



Article 1. Counties. 
Article 2. Congressi 
Article 3. Judicial Districts and Circuits. 



Article 2. Congressional Districts. 



t 



PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State. 9 

Article 1. — Counties. 

ARTICLE I. 



COUNTIES. 



Section. 

30. Names and limits of Counties. 

31. Cases belonging to. new Counties. 

32. Unexecuted processes transferred. 

33. Officers cut off into new counties. 

34. Officers of adjacent County may act. 

35. Juries for new counties. 

36. Extra tax in new counties. 



Sectiox. 
31. "Who may qualify officers. 

38. Executors, &c, cut off into new county. 

39. When counties are divided by a stream. 

40. Offences committed on water courses. 

41. Offences committed on boundary line. 

42. Counties entitled to 2 Representatives. 

43. Representation from new county, when 



§30. The State is divided into the folio wins: counties, whose J* 3 ™ 6 a l? d 

o o 7 limits of 

boundaries and limits shall be ascertained by the several Acts counties « 
laying off the same, and those amendatory thereof, viz : 



Appling, 


Dawson, 


Jasper, 


Rabun, 


Baker, 


Decatur, 


Jefferson, 


Randolph, 


Baldwin, 


DeKalb, 


Johnson, 


Richmond, 


Banks, 


Dooly, 


Jones, 


Schley, 


Berrien, 


Dougherty, 


Laurens, 


Scriven, 


Bibb, 


Early, 


Lee, 


Spaulding, 


Brooks, 


Echols, 


Liberty, 


Stewart, 


Bryan, 


Effingham, 


Lincoln, 


Sumter, 


Bullock, 


Elbert, 


Lowndes, 


Talbot, 


Burke, 


Emanuel, 


Lumpkin, 


Taliaferro, 


Butts, 


Fannin, 


Macon, 


Tattnal, 


Calhoun, 


Fayette, 


Madison, 


Taylor, 


Camden, 


Floyd, 


Marion, 


Terrell, 


Campbell, 


Forsyth, 


Mcintosh, 


Telfair, 


Carroll, 


Franklin, 


Meriwether, 


Thomas, 


Cass, 


Fulton, 


Miller, 


Towns, 


Catoosa, 


Gilmer, 


Milton, 


Troup, 


Charlton, 


Glasscock, 


Mitchell, 


Twiggs, 


Chatham, 


Glynn, 


Monroe, 


Union, 


Chattahoochee, 


Greene, 


Montgomery, 


Upson, 


Chattooga, 


Gordon, 


Morgan, 


Walker, 


Cherokee, 


Gwinnett, 


Murray, 


Walton, 


Clarke, 


Habersham, 


Muscogee, 


Ware, 


Clay, 


Hall, 


Newton, 


Warren, 


Clayton, 


Hancock, 


Oglethorpe, 


Washington, 


Clinch, 


Haralson, 


Paulding, 


Wayne, 


Cobb, 


Harris, 


Pickens, 


Webster, 


Coffee, 


Hart, 


Pierce, 


White, 


Columbia., 


Heard, 


Pike, 


Wilcox, 


Colquitt, 


Henry, 


Polk, 


Wilkes, 


Coweta, 


Houston, 


Pulaski, 


Wilkinson, 


Crawford, 


Irwin, 


Putnam, 


Whitfield, 


Bade, 


Jackson, 


Quitman, 


Worth. 



10 PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State. 

Article 1. — Counties. 



Transcript of §31 When a new comity is organized, the -jurisdiction of 

pending ca- <-> J o J 

transferred a ^ su ^s pending in the county, or counties, from which the new 
to new conn- county bas been laid off, of which, under the Constitution and 
Laws of this State, the new county should have cognizance, is 
transferred immediately to the corresponding Courts in such new 
county, together with all the Court papers pertaining thereto, to 
which shall be attached the certificate of the Clerk of the Court from 
whence they came, that they are the proper papers of the suit, 
and the amount of costs accrued therein, the amount then due, 
and by what persons paid, for which certificate the Clerk must 
receive from the person asking the transfer, the costs then due, 
unless he makes oath that, owing to his poverty, he is not able to 
pay the costs. 
Socesse^to §^- All process, (mesne or final) or paper requiring some 
redtonew" omc i a l ac * to be done by any officer of the counties from which 
county. ^.] ie new C ounty is taken, and which cannot be done by reason of 
the creation of said new county, must, without delay, be transmit- 
ted by the same, to the corresponding officer in the new county, 
and if proceedings have been had thereon, and not finally disposed 
of, the officer of the new county must proceed as though the pa- 
per had been originally in his hands ; but publication of the times 
and places of sale, and proceedings of like character, shall be in 
the manner prescribed by law. 
officers cut §33. All ministerial officers in commission, included within 

off in new ° 

county to the limits of the new countv, hold their commissions, and ex- 
retain their * ' 

commission. erc ise the duties of their office, until their commissions expire 

and their successors are elected and qualified, unless there is more 

than one for the same office, and in new counties organized entirely 

Sd bounty from one county, all the officers of the old county are authorized 

Sta5f to exercise their respective duties in the new county, until the 

arTquanned. proper officers are elected and qualified; and Justices of the Peace 

comprised in the new county, whose districts are not materially 

disturbed by the lines of the new county, retain their offices, and 

their district, until their commissions expire. 

a^nVo£- e §34 When any new county, as organized, is without a per- 

eSy/pro- son authorized to act as Clerk, or Sheriff, or both, a corresponding 

iSued^nd 6 officer in any adjoining county may exercise the duties of such 

officers of officer, in issuing, serving, and returning process, until said new 

adjacent , t i 

•ounty. county is supplied. 

§35. The Justices of the Inferior Court of the new county, 
aided by the Clerks of the Superior and Inferior Courts, and Sher- 



PT. 1 .—TIT. 1.— CHAP. 2.— Political Divisions of the State. 11 

Article 1. — Counties. 



iff, shall, without delay, after their qualification, make a Grand Jew e county 
and Petit jury box, and draw therefrom, pursuant to law, panels j^f organ " 
in time for the succeeding terms of the Superior and Inferior 
Courts, and, if by the organization of the new county, the panels 
already drawn for the old counties are disturbed, the Justices of 
the Inferior Courts of said counties, or two of them, or one, if 
only one remaining, may, at any time before the next term of 
said Courts, draw, to supply said deficiency, the requisite number 
of Grand and Petit jurors. 

§36. The Justices of the Inferior Court of the new county Extra tax in 

° «/ new county, 

may levy, for the first year after their qualification, an extra tax y/J^J^J 8 * 
for county purposes, of such per cent, upon the State tax, as may levied - 
be necessary, according to their discretion, and the terms of the 
Act of organization. 

§37. The Governor may direct the dedimus potestatem for^g f m J^_ 
the qualification of said Inferior Court, to the Judge of the Supe- JIJ;™ j£ new 
rior Court of the Circuit, any Justice of the Inferior Court or 
any Justice of the Peace embraced within its limits, and in default 
of either, to any Justice of the Inferior Court of an adjoining 
county, and the qualification under it is legal. 

§38. Any Executors, Administrators or Guardians making Executors, 

. ...-,. &c., cut off 

returns to the Ordinary of the old county, and residing within fa new coun- 

t t7i ma 7 

the limits ol the new county when organized, may make their move their 

" ° . . proceedings. 

returns to, and perform all their official acts with the Ordinary 
thereof, and when any such act is done, the jurisdiction is chang- 
ed to the new county, and such trustee shall file with the Ordinary 
of the new county, to be recorded by him, a certified copy of all 
his acts from the Ordinary of the old county. 

§ 39. Whenever a stream of water is the boundary of a coun- Jurisdiction, 

m * y when coun- 

ty, the jurisdiction of the county shall extend to the centre of the j*** jj* **** 

main channel of such stream, and if an offence is committed on water 

* course. 

such stream, and the evidence on the trial does not definitely dis- 
close in which county it was committed, the Courts of either coun- 
ty may maintain jurisdiction for the trial and punishment of the 
offender. 

§40. Whenever an offence is committed on the waters ofJ^Jj^J* 
any river which forms a boundary between this, and any other ^/when 
State, the whole of which river belongs to Georgia, the county w i ^ r e g 0urs * 
which is situate on the side of the river opposite the point where {^m anoth- 
the offence is committed, has jurisdiction of the same, and if the er state " 
evidence on the trial does not definitely disclose on which side of 



12 PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the State. 

Article 1. — Counties. 

the line, between two counties, at the place where it touches the 
river, the offence was committed, the Courts of either county may 
maintain jurisdiction, 
incases" §41. This State claims jurisdiction of an offence committed 
7&ente is on any of her boundary lines with other States for the county 
on™he\)oun- bordering on that part of the line where the offence was commit- 
iSeen 6 ted, and if doubtful as to which of two counties (as set forth in 
anoS anc the preceding Section) for either county, and will proceed to ar- 
rest, indict, try, and execute, until such other State shall make 
a demand for the accused as a fugitive from justice, in which 
event, the progress of the case shall be suspended by order of the 
Governor until the question of jurisdiction is settled. 
The counties §42. The counties of Bibb, Burke, Cass, Carroll, Ghatham, 

entitled to . ° " ' " ' * 

slntSfveTin Cherokee, Clarke, Coweta, Cobb, Columbia, Decatur, Floyd, Ful- 
!ature eglB " ^ on > Gordon, Greene, Gwinnett, Hancock, Harris, Hall, Henry, 
Houston, Jackson, Meriwether, Monroe, Muscogee, Newton, Ogle- 
thorpe, Richmond, Stewart, Sumter, Talbot, Thomas, Troup, 
"Walton, Walker, Washington and Whitfield, being thirty-seven, 
are entitled to two Representatives, and all other counties as the 
Constitution prescribes. 
Korepresen- § 43. There shall be no representation in either branch of 
new county the General Assembly from any new county, until after the next 

Until next 

regular eiec- regular election for members of the same, but the Senators and 

tion, after it ° . -ip -i • 

is organized. Representatives, already elected from the counties forming the 
new county, shall serve out the term for which they were elected, 
without regard to their residence in or out of the old counties, 
and all vacancies by death, resignation, or removal, shall be filled 
by the county where the member resided at the time of his elec- 
tion. 



ARTICLE II. 



CONGRESSIONAL DISTRICTS. 



Section. 
44. Congressional Districts. 



Section. 
45. New counties, where attached. 



congres- § 44. The State, under the present apportionment, being 

tricts— of entitled to ten Representatives in the House of Representatives 
ties each is of the Congress of the Confederate States, they shall be elected 



composed. 



from the following Districts respectively : 

The First District shall be composed of the counties of Ap- 
pling, Bryan, Bulloch, Chatham, Camden, Charlton, Clinch, Cof- 






PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of the. State. 13 

Article 2. — Congressional Districts. 



fee, Effingham, Emanuel, Glynn, Liberty, Mcintosh, Montgomery, 
Pierce, Scriven, Telfair, Tattnal, Ware and Wayne. 

The Second District shall be composed of the counties of Baker, 
Berrien, Brooks, Calhoun, Clay, Colquitt, Dooley, Decatur, Dough- 
erty, Early, Echols, Irwin, Lee, Lowndes, Mitchell, Miller, Ran- 
dolph, Terrell, Thomas, Wilcox and Worth, 

The Third District shall be composed of the counties of Chat- 
tahoochee, Harris, Muscogee, Marion, Macon, Quitman, Stewart, 
Sumter, Schley, Taylor, Talbot and Webster. 

The Fourth District shall be composed of the counties of- Jas- 
per, Putnam, Jones, Baldwin, Bibb, Crawford, Wilkinson, Twiggs, 
Houston, Laurens and Pulaski. 

The Fifth District shall be composed of the counties of Burke, 
Columbia, Glascock, Hancock, Jefferson, Johnson, Lincoln, Rich- 
mond, Warren, Wilkes and Washington. 

The Sixth District shall be composed of the counties of Clarke, 
Elbert, Franklin, Greene, Hart, Madison, Morgan, Newton, Ogle- 
thorpe, Taliaferro and Walton. 

The Seventh District shall be composed of the counties of Butts, 
Clayton, Fayette, Henry, Meriwether, Monroe, Pike, Spalding, 
Troup and Upson. 

The Eighth District shall be composed of the counties of Camp- 
bell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haralson, Heard, 
Paulding and Polk. 

The Ninth District shall be composed of the counties of Banks, 
Cherokee, Dawson, Forsyth, Gwinnett, Habersham, Flail, Jackson, 
Lumpkin, Milton, Pickens, Rabun, Towns, Union and White. 

The Tenth District shall be composed of the counties of Cass, 
Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon, Gilmer, Mur- 
ray, Walker and Whitfield. 

§45. If in the organization of a new county, there is an^isS^new 
omission to specify to which Congressional District it belongs, it JJJ^ £|" en 
shall be attached to that from which most of its representative S^tlsa^ 
population has been taken, according to the Federal basis, which ent * 
shall be determined by the Governor, if necessary, at any time be- 
fore legislation, to remedy the omission. 



14 



PT. 1.— TIT 2.— Citizenship. 



Chapter 1. — Who are Citizens. 



AETICLE III. 

JUDICIAL DISTRICTS AND CIRCUITS. 



Section. 
46. Judicial Districts and Circuits. 
4*7. Change of District or Circuit. 



Section. 

48. To what Circuit a new county belongs. 



Judicial Dis 
tricts, and 
Circuits. 



§ 46. The State is divided into five Supreme Judicial Dis- 
tricts, with reference to the jurisdiction and sessions of the Su- 
preme Court, and into sixteen Judicial Circuits in reference to 
the jurisdiction and sessions of the Superior Court; tables of which 
will be found in Part III, Title I. 

§ 47. When any county is changed from one Judicial Cir- 
fromfcS CU ^ t° another, within a different Supreme Judicial District, the 
county is attached to the latter, and all bills of exception, after- 
wards certified, must be to the time and place for holding the 
Courts of said District, but all bills certified previously, must be 
heard at the time and place to which they are certified and re- 
turned. 

§ 48. If any new county is organized with an omission to 
attach it to any Judicial Circuit, it belongs to the Circuit from 
which most of its territory is taken. 



Cases taken 
to the Su- 



ty changed 
from one 
District to 
another, 
must go to 
latter. 



To what Cir 
cuit a new 
county be- 
longs. 



TITLE II. 

CITIZENSHIP. 



Chapter 1. Who are Citizens. 
Chapter 2. As to Expatriation. 



Who are 
deemed citi- 
zens of this 
State. 



CHAPTEE I. 



WHO ARE CITIZENS. 



Section. 

49. Who are deemed citizens of Georgia. 

50. Who are not white persons. 



Section. 

51. The status of children. 

52. Persons prohibited from citizenship. 



§49. All free white persons born in this State, or in any 
other State of this Union, who are, or may become residents of 
this State, with the intention of remaining therein ; all free white 
persons naturalized under the laws of the Confederate States, 
and who are, or may become residents of this State, with the in- 



PT. 1.— TIT. 2.— Citizenship. 15 



Chapter 1. — Who are Citizens. 



tention of remaining therein ; all persons who have obtained a 
right to citizenship under former laws, and all children wherever 
born, whose father was a citizen of this State at the time of the 
birth of such children, or in case of posthumous children at the 
time of his death, are held and deemed citizens of this State. 

§ 50. Persons bavins; one-eighth, or more, of negro or Af-^ hoa J e iJ er - 

« o o o sons oi color. 

rican blood in their veins, are not white persons in the meaning 
of this Code. 

§51. The status of every person in this State, upon the ques- The status of 

,» r% -i .t «-it i />-!• i the mother 

tion oi freedom, is determined bv the status of his or her fixes that of 

11 her children. 

mother. • ■ 

§ 52. ~Nq person transported or banished from other countries who cannot 

.. n t . /-n jy f. . . . become citi- 

or States, within or out of this Confederacy, for crime involving zen9ofthis 
moral turpitude, are permitted to reside in, or become citizens 
of this State. 



CHAPTEK II. 

AS TO EXPATRIATION. 



Section. 

53. How citizenship may be renounced. 

54. When citizenship ceases. 



Section. 
55. How citizenship is acquired. 



§53. Except in time of war, every citizen shall have the **ow citizen- 

o r 7 J ship may be 

right of expatriation, with a \dew to become a citizen of another renounced. 
State or country, not a part of the Confederate States, with 
which this State is at peace. The declaration or avowal of such 
intention, accompanied by actual removal, is held a renunciation 
of all his rights and duties as a citizen. 

§54. Until citizenship is acquired elsewhere, after compli- when dti- 

• -i i r> c^ -vr i-t> • zenship 

ance with the terms of Section JNo. 53, the person continues a ceases. 
citizen of Georgia, and of the Confederate States. 

§55. If a person, having been thus expatriated, acquires citi- How citizen- 
zenship under some foreign power, he and his descendants, again ac- 

QtiirBcl by* 

who 2:0 with him for the purpose of residence, can be a citizen of one who has 

•? - LX rt i i'i renouncedit. 

this State again only after a residence of three years herein, and 
taking the oath of allegiance, as in case of other foreigners. 



16 



PT. 1. — TIT. 3. — Executive Department. 



Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 



TITLE III. 

OF THE EXECUTIVE DEPARTMENT. 



Chapter 1. The Governor — his powers and duties. 

Chapter 2. The Executive Office and Secretaries. 

Chapter 3. State House Officers — -Secretary of State, &c. 

Chapter 4. Offices connected with the Executive Department. 

Chapter 5. Regulations as to all Executive offices and officers. 



THE GOVERNOR- 



CHAPTER I. 

-HIS POWERS AND DUTIES NOT SPECIFIED IN THE' 
CONSTITUTION. 



Section. 

56. Governor's Inauguration. 

57. His oath to be taken. 

58. He may call out the Militia. 

59. May call out Militia and Volunteers. 

60. Shah cause fugitives to be arrested. 

61. Deliver fugitives from other States. 

62. Delivery suspended in certain cases. 

63. Fugitives not demanded. 

64. Warrants for the arrest of fugitives. 

65. He may offer rewards. 

66. Negroes illegally imported. 

67. He may pardon persons of color. 



Section. 

68. May appoint Commissioners of deeds. 

69. He must commission officers. 

70. Shall issue grants to lands. 

71. Shall protect the public property. 

72. Shall appoint officers and fill vacancies.. 

73. His Secretaries and other officers. 

74. Officers of Public Institutions. 

75. He may employ special agents. 

76. May suspend collection of taxes.. 

77. Payments from the Treasury. 

78. Certain records to be kept. 

79. Seal of the Executive Department- 



Governor's §56. The Governor elect shall begin the discharge of his> 

Inaueura- 

tion. duties from the time of his inauguration. The ceremony of in- 

auguration shall take place during the first week of the session 
of the General Assembly, next after the election, and on such 
day of that week as the General Assembly, by joint resolution, 
appoints. On failure of appointment, it takes place at 12 o'clock, 
meridian, on Saturday of that week, unless prevented by Provi- 
dential causes. 

StellVin § 5 ^ The oath prescribed by the 5th Section of the 3d Ar- 

ofLeS nce ticle °f tne Constitution of this State, and the oath to support 
the Constitution of the Confederate States, shall be taken by the 
Governor elect in the presence of the General Assembly. 

§58. It is the duty of the Governor to see that the laws 

Sy% ne ext- are executed. For this purpose he has power, as Commander-in- 
Chief, to call out the Military whenever, in his discretion, the 



ture. 



May call out 
the Military 



cute the 
laws. 



PAET 1.— TIT. 3.— Executive Department. 17 



Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 



due enforcement of the process of the Courts is so resisted, and 
set at defiance, as to require such interposition. 

§59. In case of invasion or insurrection, the Governor has JheVi°- ut 
power to call out all Volunteer Military Companies, or the Mi- forcefS 117 
litia, or both, for the defence of the State, until such time as the S e caseofui- 
General Assembly meet ; and when so called into action, he has S^Son. 11 ° r 
power to make all necessary provision for their transportation, 
accommodation, equipment and support. 

§60. Whenever there is found, within this State, a fugitive sition, hc qm " 
from justice from a foreign State, and by the treaty stipula-the arrest of 
tions of the Confederate States such person is to be surrendered from foreign 
up to the authorities of such foreign State upon requisition 
from the proper officers, the Governor, by his warrant, shall cause 
him to be arrested and delivered over to such officer. 

§ 61. It is the duty of the Governor, under his warrant, to u P° n reqni- 

u . ' sition, he 

cause to be arrested, and delivered up to the proper officers of ^i cause 

7 - 1 x x iugitives 

any other State of this Confederacy, any fugitive from justice 1°™°^ 
from said State, upon demand made of him by the Executive of""? sted 1 and 

7 x «/ delivered. 

such other State in the manner prescribed by the laws and Con- 
stitution of the Confederate States. And if such fugitive shall 
have assumed another name in this State, and the Governor is 
satisfied, by evidence under oath filed in his office, of the identity 
of such person with the fugitive demanded, he shall state the 
fact in his warrant for the arrest. 

§62. If any person demanded as a fugitive from justice, is, pen! there- 
at the time of such demand, under prosecution for an offence fugitive un- 
against the laws of this State, the Governor shall suspend his de- tion in this 
livery until the issue is determined as to his guilt, and if con- the prosecu- 
demned, until he shall have suffered the penalty of the law im- 
posed. 

§63. When a person, charged with the commission of anjj°jjj§!- de _ 
offence in some other State, shall flee into this, and is pursued jJ^JSjJSjJ 
and caught, or some person in this State finding, shall arrest him, 
it is the duty of the Governor, on oath filed in his office of the 
commission of the offence, and the identity and locality of the 
party, to issue his warrant for his arrest, as in other cases, and 
command his lodgment in any jail in the State, for as long as 
twenty days, and if, at their expiration, there is no formal de- 
mand made by the Governor of the State where the offence is 
alleged to be committed, he shall be discharged from custody ; 
but upon affidavit made before any proper officer of the commis- 
2 



of. 



18 PT. 1.— TIT. 3.— Executive Department. 

Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 

sion of the offence, and of such intended application, the ac- 
, cused shall be held under it five day s. 
execute war- § 64:. "When the Governor, or other officer issues such, or any 
a™est $ fu- other warrant of arrest, it is the duty of the Sheriffs, their Depu- 
ties, Coroners and Constables, to execute them when placed in 
their hands. 
wards S re " § 65. The Governor shall, in his discretion, offer, and cause 
feionT rest ° f to be paid, rewards for the detection or apprehension of the per- 
petrator of any felony committed within this State ; but no such 
reward shall be paid to any officer, who shall arrest such person 
in the regular discharge of his duty, by virtue of process in his 
hands to be executed, nor to any person who has arrested the 
offender previous to the publication of the reward. 
May cause § 66. He shall have power to issue his warrant, and cause 
gaiiy impor-to be arrested, to be dealt with according to law, all negroes il- 

ted into this , , . „, p r> • -i-t 

state, to be legally imported into this btate, irom any ioreign port, or which 
disposed of. landed first in another State, may be brought into this, either for 

the purpose of sale, residence or transportation through. 
May pardon & (57. He shall have power to pardon or commute the pun- 

or commute a -in 

the punish- ishment of anv slave, or free person of color, convicted of anv 

mentof " 7 x , J 

slaves. capital offence under the laws of this State. 

May appoint sgg^ jp e shall have power to appoint, in other States and 

Commis- ° x x x 7 

sioners of Territories of the Confederate States, Commissioners to take and 

deeds m oth- ' 

er states, certify the acknowledgement or proof of deeds, or other convey- 
ance of property in this State, of depositions under commissions 
or otherwise, of powers of attorney, (of wills executed by persons 
devising or bequeathing property within the State,) and of other 
instruments in writing, required to be attested under the laws of 
this State. 

Must grant qqq^ jj e ghall grant commissions to all such officers of this 

commissions & ™ 

eieSthis State, including Senators and Representatives in Congress, as are 
state. required to hold them, and in all cases, he may, in his discretion, 
issue a cledimus jpotestatem to such officers as are authorized to 
administer oaths requiring the qualification of the officer elect, 
as provided by law, and to issue to him his commission. The 
forms of all commissions shall be in the discretion of the Gover- 
nor. Commissions thus issued are final, except where the Con- 
stitution and laws otherwise provide. 
shaii issue c 70 He shall issue all grants to lands under the laws of 

grants to ' s ~ 

land. t ki g State, but such shall not be conclusive, but subject to the 

investigation of the Courts ; and whenever such are declared by 



PT. 1.— TIT. 3.— Executive Department. 19 

Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 

the proper Court to have been wrongly issued, it is his duty to 
issue another grant in accordance with such decision, if it so re- 
quires. 

§71. He shall have general supervision over all property^ 11 s «P er - 
of the State, with power to make all necessary regulations for the Pjjjjj the . 
protection thereof, when not otherwise provided for. He must Jgji ^gj!" 
assign rooms in the Capitol to all officers, who must hold their ^m^nthe 
offices there, and, in the absence of any legislative provision, de- Ca P ito1 - 
signate the purpose for which other rooms are to be applied. : 

§72. He shall appoint all officers, and fill all vacancies, pjjgjj. Jff of . 
unless otherwise prescribed by the Constitution and laws. All jjjfaii va? 
.appointments to discharge a public duty by the General Assem- otherwise 
bly, or by the Governor, under its authority, are declared to be ForT 1 e 
offices within the meaning of the Constitution. 

§ 73. He has the power of appointing the following officers, May appoint 

. . ,. and remove 

who shall hold their offices during the time for which he is Gov- ws secreta- 

° ries, and 

ernor, subject to be removed at his pleasure, viz : certain oth- 

* v J- ' er officers. 

Three Secretaries of the Executive Department ; 
A Messenger for his office ; 
A State Librarian ; 
A Guard for the Capitol buildings ; 

A person to keep the Capitol Grounds, and other State prop- 
erty at the seat of Government, in proper order. 

§ 74. All the officers of the following State Institutions, named SteTs P of nt 
in this Code and laws hereafter enacted amendatory thereof, Sr Lunati™! 
unless menials, servants, day-laborers, or otherwise required, SumCand 

Blind, and 
VIZ '. officers of 

Officers of the Penitentiary ; e.V, and 

Trustees of the Lunatic Asylum ; aSs and 

Trustees of the Asylum for the Deaf and Dumb ; 

Trustees of the Asylum for the Blind ; 

Officers of the Western & Atlantic Railroad ; 

Keepers of the Arsenal and Public Arms. 

§75. And he has power to engage the services of any com- ^eciai mpl07 
petent person for the discharge of any duty required by the laws, whenever 
and essential to the interests of the State, or necessary in an necossaiy - 
emergency to preserve the property or funds of the State. 

§76. The Governor may suspend the collection of the tax- Sdttfe" 
es, or any part thereof due the State, until the meeting of the JaSfoTa ° f 
next General Assembly, but not longer, nor shall he otherwise tlme ' 
interfere with the collection thereof. 



20 PT. 1. — TIT. 3. — Executive Department. 



Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 

froS^the 8 § ^- AH payments from the Treasury, unless otherwise pro- 
be e Se 7 on° vided, shall he made upon the warrant of the Governor, and 
™a r nt? rs l ie ma y withhold his approval on any account audited and certi- 
fied hy the Comptroller General. The warrant shall always spe- 
cify on what appropriation or fund it is drawn. 

to be St 6 §^- ^ ne Governor shall cause to be kept, and preserved 
JJ* book! m the Executive Office, the following books of record : 
a journal 8 " !• -A- journal or minute book, showing all of his official acts. 
acts! 8 ° fficial 2. A Book of Appropriations, in which shall be entered a 
a book of full account of all annual appropriations, setting forth the amounts 
tkS pna " under their appropriate heads, together with the date of his 

warrant for such appropriation, and in whose favor drawn. 
a book of 3. A book srivinp: a statement of the public debt of the State, 

the public , . . 

debts. the dates and numbers of the bonds issued, in whose favor, and 
for what amounts, the date of payment and the disposition thereof; 
also a full and accurate account of all sums of money that are 
set apart as a sinking fund for the redemption of the public 
debt, particularly setting forth the amount for the several spe- 
cific purposes, when drawn, aiid in whose favor. 
a book of 4. A book in which shall be kept copies of all bonds of agents, 
evidences of disbursing public funds ; also a schedule of all bonds and other evi- 
the state, dences of debt due to the State, and the disposition made thereof. 
a book of 5. A Book of Commissions, showing: the dates when issued, for 

commissions -m-.-i. • • a 

of officers. a ll officers, Civil and Military, in this btate. 

a book of 6. A book showing the exact condition of the Educational 

tion Fund. Fund of this State, and the annual income thereof. 

a land book. 7. A book or books containing a list of the respective numbers, 
Districts, Sections and Counties of the several lots of land dis- 
posed of by the several land lotteries, and the names of the 
drawers of each, to whom and when granted, and a similar sched- 
ule of all lands sold by the State, by whom purchased, and to 
whom and when granted. 

An index or 8. He shall also keep, and cause to be carefully filed away, 

pprs of Sie in properly marked or numbered, all documents appertaining to his 
office, whether there as the place of deposit, or received by mail 
or express, and to keep a book as an index or key to the same. 

other neces- 9. And any other books or files that, in his judgment, his De- 

sary books. , j 

partment needs. 
Executive §79. There shall be a seal of the Executive Department. 
The device shall be the same as that now used therein, and shall 
not be altered, except by authority of the General Assembly. 



PT. 1. — TIT. 3. — Executive Department. 21 

Chapter 2. — The Executive Office and Residence of the Governor. 

CHAPTER II. 

THE EXECUTIVE OFFICE. AND RESIDENCE OF THE GOVERNOR. 



Section. 
80. Where Executive office must be kept. 



Section. 
81. "Where the Governor must reside. 



§ 80. The Executive Office shall be in the State House, at Wher e th « 

v . y Executive 

the Seat of Government. If, from any cause, there is no State 0ffi c e mus t 
House, or it has to be abandoned, then at such place at the Seat 
of Government, as the Governor may direct, and not elsewhere, 
unless made necessary from invasion, insurrection, pestilence or 
rebellion. 

§81. The Governor shall reside at the Seat of Government where the 

v Governor 

during his term of office. sna11 reside - 



CHAPTER III. 

THE SECRETARY OF STATE, TREASURER, SURVEYOR-GENERAL. AND 

COMPTROLLER GENERAL. 

Article 1. The Secretary of State. 
Article 2. The State Treasurer. 
Article 3. The Comptroller General. 
Article 4. The Surveyor General. 



ARTICLE I. 

OF THE SECRETARY OF STATE. 



Section. Section. 

82. Bond of Secretary of State. 85. He shall keep the State seal. 

83. Must reside at the Capital. 86. The Great Seal of the State. 

84. Must furnish applicants with records. | 

§82. Before entering on the duties of his office, he shall exe- 1 e c n r et?ry h of 
cute a bond with sufficient securities, to be approved by the Gov- slate - 
ernor, in the sum of ten thousand dollars, conditioned for the 
faithful performance of all the duties of his said office, and all 
such duties as shall be required of him by the General Assembly, 
or the laws of this State, and for a faithful account of all the pub- 
lic money or effects that may come into his hands during his 
continuance in office. It shall be filed in the Eexecutive office, 



22 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 



Article 1. — The Secretary of State. 



copy evl an d a CC W thereof, certified by one of the Governor's Secretaries,, 
dence. under the seal of the Executive Department, shall be received 
in evidence in lieu of the original, in any of the Courts of this 
State. 
Sep Ms of- § $$• He shall be provided with suitable apartments in the 
capitoi? 16 State Capitol, furnished at the State's expense. He shall reside- 
at the Capitol, and keep his office open daily, Sundays and holi- 
days excepted. 
Ssh^o 1 fU of § ^' ^ e sna ^ furnish to all applicants, upon the payment of" 
records. the prescribed fees, copies of all records and public documents 
within his office, and shall attach the Great Seal of the State to 
such transcripts as the Governor, or General Assembly may di- 
rect, 
^avln^per- § 85. He shall receive no perquisites for any official act; but 
qmsites. .q ig £ eeg pj-egcribed ghall be collected by him, and paid into the- 

State Treasury. 

Jeep^he !• -^ * s n ^ s duty to keep the Great Seal of the State ; the orig- 

Sm records 1 "" ma ^ Acts passed by the General Assembly, and all the public re- 
and papers. cords f the State, not appertaining specially to other offices. 
He shall look to, and preserve the records and papers belonging 
to the Senate and House of Representatives. He shall see that 
the recorded journals of both Houses are deposited in, and kept 
in his office. 

He shall at- 2. He shall attest all grants, and other public documents re- 
test grants, ° 7 - 1 - 

and other quiring the Great Seal of the State, issuing from the Executive 

papers. * ~ ' ° 

of the State, 
skau k^p 3 jj e s i ia n keep a record, in proper books, of all grants is- 

grants. gued ^ t ] ie g tate# 

ke^bonds. 4. He shall keep safely, all bonds of agents appointed to dis- 
burse public money. 
SnShtoei, 5. He shall provide all fuel, lights, servants, or other contin- 
Soneryf&c-, gents, necessary for the General Assembly ; also all stationery 
eraiAssem- for their use, and shall report the amount of the same to the Fi- 
nance Committee of the House of Representatives, before the ad- 
journment of the session. He shall perform all other duties re- 
quired of him by law, or which necessarily attach to his office. 

S e kep S tTn t0 § 86 - Tlie Great Seal of tne State > adopted February 8th, 1799, 
his office. an( j now on de p 0S it m the office of Secretary of State, is as 

follows : 
S e seai ption 1- ^ * s °** s ^ ver ? an d the size of two-and-a-quarter inches in di- 
ameter. 



PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 



23 



Article 1. — The Secretary of State. 



2. The device on one side is a view of the sea shore, with a 
ship hearing the flag of the United States riding at anchor near 
a wharf, receiving on hoard hogsheads of tobacco, and hales of 
cotton, emblematic of the exports of this State ; at a small dis- 
tance, a boat landing from the interior of the State, with hogs- 
heads, &cy, on board, representing her internal traffic. In the 
back part of the same side, a man in the act of ploughing, and 
at a small distance a nock of sheep in different pastures, shaded 
by a flourishing tree, the motto thereon — Agriculture and Com- 
merce, 1799. 

3. The device on the other side is three pillars, supporting an 
arch, with the word Constitution engraven within the same, em- 
blematic of the Constitution, supported by the three departments 
of Government, viz : the Legislative, Judicial and Executive ; 
the first pillar to have engraven on its base, "Wisdom;" the sec- 
ond, " Justice ;" the third, " Moderation ;" on the right of the 
last pillar, a man standing with a drawn sword, representing the 
aid of the Military in the defence of the Constitution ; the motto, 
State of Georgia, 1799. 



ARTICLE II. 

THE STATE TREASURER. 



Section. Section. 

87. Treasurer's bond. 91. Must settle with Ms successor — when. 

88. His rights and duties. 92. How dealt with on failure to settle. 

89. His duties specified. 93. He shall keep a book of State bonds. 

90. His office subject to inspection. 

§87 The State Treasurer must give a bond, conditioned the^ u e s a t sv ^ 
same as that of the Secretary of State, for the sum of two hun- bomL& 
dred thousand dollars, and subject to the same rules and regula- 
tions. 

§88. His rights and duties are the same as those of the Secre- ™J" j*g* 
tary of State, set forth in section eighty-five, except the use of sSSyof 
the Great Seal. He shall receive no perquisites for any official state- 
act, but the fees prescribed shall be collected by him, and paid 
into the State Treasury. 

§89. It is moreover the duty of the State Treasurer— i^an?* 11 

1. To receive and keep safely all the money which shall teffifrfSS 
paid to him in behalf of the State, upon the certificate of the state ' 



24 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 

Article 2. — The State Treasurer. 

Comptroller General, and to pay out the same, only upon the 
warrants of the Governor, when countersigned by the Comptrol- 
ler General, excepting the drafts of the President of the Senate 
and Speaker of the House of Representatives, for the sums due 
to the members and officers of their respective bodies, 
shaii keep a 2. To keep in his office a book, in which shall be entered all 

book of war- x .• . 

rants drawn warrants drawn on him by the Executive, stating in whose favor 

on him. *> ■ ' ° 

drawn, the date, the amount thereof, and to what fund charged, 
and to retain and file away carefully all such warrants, 
ma duty as 3 # To keep annually an account of all taxes that may be due 

to an account . -p, , 

of taxes. ancl unpaid, by the several chartered Banks, and to enforce the 

collection thereof, agreeable to the laws in force ; also to keep an 

account of all taxes paid into the Treasury annually by the Tax 

Collectors of the several counties. An abstract of these accounts 

must be laid before the Governor. 

He must 4. And preceding each Annual Session, he must submit to the 

mat™ 1 of pro- Governor detailed estimates of the probable receipts and expen- 

ceipts r and ditures, for the next fiscal year, stating the sources of income, and 

tures! 1 the probable amounts to be received therefrom ; also the objects 

of appropriation, and the probable necessities of the Treasury. 
Must pay 5 # To pay all funds pledged to the payment of the public debt, 
appropriated or interest thereon, or to any object of education ; and to these 
their proper objects only, and in nowise to any other purpose ; all payments from 
the Treasury shall be paid from the fund appropriated for such 
purpose, and not from any other. 
Must make Q m Aj- ^he end of every quarter of the year, to make a written 

quarterly re- «/ a «/ ? 

Governor 16 re P or ^j on oath to the Governor, of the several amounts received 
by him during the three months preceding such report. 

scrip for ep 7. To keep safely the scrip for Bank Stock, the State Bonds, 
Bank stock, an( ^ ^ ner evidences of the Educational Fund, and manage and 

control the same for the purposes to which they are pledged. 

He may, under the direction of the Governor, deposit all funds 
Under the se ^ apart for the purpose of Education, or any other purpose not 
direction^ he required for immediate use, in any chartered Bank of this State, 
Ssln 50 ^ subject to Ms draft as Treasurer, and with the Governor make 

such contract with said Bank, for the use of such funds as may 

be beneficial to the State, 
shaii not use 8. He shall not, under any circumstances, use himself, or allow 

the funds of ' a ■ • i » 

the state, others to use, the funds of the State in his hands, and for every 
Penalty violation of this section, he is liable to the State for the sum of 



FT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 25 



Article 2. — The State Treasurer. 



five hundred dollars as a penalty, or a forfeiture of salary, if said 
forfeiture will pay the penalty incurred. 

9. He is authorised to pay all officers of the State, whose sala- 5J e p ™ a J e Jt y 
ries are fixed by law, seventy-five per cent, of the amount for JjJtJ^JjJj 
which service has actually been rendered at the date of said pay- J^J ^£out 
ment, taking receipts for the same, which shall be his vouchers Avarrants - 
and offsets, to Executive warrants for said salary, and may also 

pay members of the General Assembly in the same way, when 
their accounts are duly audited, unless prevented by the resolu- 
tion of either, or both branches of the General Assembly. 

10. He shall annually report to the Governor, the amount of aiiy report to 
the State debt, bearing interest for each year, distinguishing be- nor, the 
tween the sterling bonds, if any, and federal; the rate per cent, state of the 

. i , "', . -.» A, ii 1 -1 public debts. 

paid upon each kind ot bonds ; the amount upon each rate paid ; 
also the exchange, if any, and the aggregate amount of interest 
paid in each year, and the amount due and unpaid at each semi- 
annual payment, and the reasons for such non-payment. 

11. When he pays the interest or principal of the State debt, JJ^/JJJS 
upon a warrant issued in his favor, he shall deposit in the Exec- ^jL^^? 
utive office, coupons or bonds, on which the payments are made, bonds - 
there to be marked paid and filed away, subject to the* order of 

the General Assembly. 

12. He shall not pay any appropriation clue, and not called apprlpria-* 7 
for, within six months after the expiration of die political year [^Sfor 
for which it is appropriated, but it reverts to the general fund in ^^time. 
the Treasury. 

13. All reports required to be made to the Governor by the mad? textile 
Treasurer, shall be made annually, on or before the 15th of Oc- denied. 01 t0 
tober, and shall be filed in his office, and by him laid before the Gen- 
eral Assembly, in connection with his first Annual Message there- 
after. 

§ 90. The Governor may exercise a general superintendence Treasurer's 

u v o L ofhce sub- 

OVer the office of State Treasurer, not inconsistent with the pro-J ectt ?<?ov- 

' J- ernor s m- 

visions prescribed for it by law, and may, at any time, appoint spection. 
some competent person to examine into the state of such office Governor 
for any period of time he may designate, and report its condition dep^StsTo 
to him, and shall have power to require of such Treasurer, to drawn. 
withdraw the public funds from any place of deposit deemed un- 



safe by him. re2J3n« 

§91. If the Treasurer resign, or is removed, he must, within with Ms suc- 
ten days thereafter, state his accounts, and deliver the books, pa- dtys* L 



26 PT. 1.— TIT. 3. CHAP. 3.— Executive Department. 

Article 2. — The State Treasurer. 

mustrecord P ers anc ^ mone y of the Treasury to his successor, taking his re- 
nnd^eipt cei pt therefor, and the Comptroller must record a statement of 
in his office, g-jjgk settlement and receipt, in his office, and report the same 

forthwith to the Governor. 
HowTreas- § 92. If the Treasurer fail to comply with the provisions of the 
with who preceding section, or if he dies, absconds, or absents himself with- 

fails to settle x ° 7 . 7 • 

withsucces- out suiticient cause, lor as lone; as thirty days, the Comptroller, 

or, or absents . . ' , ,-.... -it 

himself. alter giving ten days notice by publication in some public gazette 
at the seat of Government, must proceed, and in the presence of 
any person who may appear in behalf of the late State Treasur- 
er, to state his account and deliver the books, papers, money and 
all other appurtenances of the office, to his successor, taking his 
receipt therefor, and record and hie such statement and receipt 
in his office, and report forthwith to the Governor. 
book of itatS § 93 * ^he Treasurer shall keep a book, in which he shall re- 
thSr S, a n - d cor d a description of all the bonds heretofore or hereafter issued 
ment t>y this State, and in said book shall note all bonds paid, and the 
date of payment, and all coupons paid on each, and the date of 
their payment. 



AETICLE III. 

OP THE COMPTROLLER GENERAL. 



Section. 

94. Comptroller's bond. 

95. His rights and duties. 

96. His duties specified. 

97. Annual Report to the Governor. 

98. His authority. 

99. Improvements in revenue laws. 
100. Book of appropriations and warrants. 



Section. 

101. Bonds of Tax Collector and Receiver. 

102. Must give copies of office papers. 

103. Delivery of office to successor. 

104. Additional fees. 

105. Additional duties. 

106. Shall not speculate in wild lands. 



Bond of § 94. The Comptroller General must give a bond conditioned 

g°S! er the same as that of the Secretary of State, for the sum of twen- 
ty thousand dollars, subject to the same rules and regulations. 
His rights «95 # nig rights and duties are the same as those of the Secre- 

and duties. ° ~ 

' tary of State, set forth in sections 84 and 85, except the use ol 

the Great Seal. He shall receive no perquisites for any official 

act, but the fees prescribed shall be collected by him and paid 

into the State Treasury. 

Saccountof § 96. It is moreover the duty of the Comptroller General — 

tfo P ns! pria " i- To keep an account showing the several appropriations au- 



PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 27 

Article 3. — The Comptroller General. 

thorized by law, the time when the same are drawn from the 
Treasury, in whose favor, and to what fund charged. 

2. To countersign all warrants upon the Treasury, drawn by countersign 

° *- •/ ? ,/ warrants on 

the Governor. the Treasury 

3. To audit all accounts against the State, and allow or reiect Mu st audit 

° ' J accts. against 

the same before they are submitted to the Governor. the state - 

4. To examine all the digests of Tax Returns forwarded to his JJJ^SJJ 11 ; 
office by the several Receivers, and note and correct all mistakes jjf^f* di " 
therein, and notify the Collector of such corrections. 

5. To settle with and ascertain the amounts due from all Tax JSaficoS- 

' Collectors, and all other persons indebted to this State, and give ^ account 
certificates of the amounts due, before the same are paid into the of the same ' 
Treasury, and keep an account showing the amounts thus paid 
therein. 

6. To collect all amounts due from defaulting Collectors of Tax- S^uefrom 
es, and issue execution therefor, against them and their securi- Tax U coTifc- 

i • „, tors. 

ties. 

7. To see that no draft or warrant be countersigned by him, to comptroller 

And TrGtisin*" 

be paid out of any appropriated fund, after the same has been er liable for 

*■ «/ J- J- A 7 ^ a JJ mon j eS 

exhausted, and in such case, or in any case of illegal payments P aid on war - 

7 » ■: '« o J. «/ rants im- 

from the Treasury upon warrants countersigned by the Comp- properly 

•/"•-»■ <~> v J- countersign- 

troller, he, as well as the Treasurer, with all their securities, are ed - 
jointly and severally liable upon their several bonds for the repay- 
ment of such amounts, with all expenses of prosecution, to the 
State. 

8. To issue his draft, payable to the Treasurer, for the amounts ^aftfortox- 
of all dividends or taxes due by chartered Banks in this State, or g^jgjj fr?™ t 
by the agencies of foreign Banks, and on failure to pay the same, locution? 
to issue Execution therefor. 

9. To receive and keep safely, and collect all evidences of debt JJJvelS re " 
due to the State, from any other source than taxes, and pay over ™° d n pay ?o 
the same to the Treasurer as soon as received. Treasurer. 

10. To notify the Attorney and Solicitors General, or any oth- hj ™% p r e ; t 
er Attorney in his discretion, of all executions against default- J"°™ c 4d so- 
ing Tax Collectors, and require of them annually a report of the JJJ*"™ Gen ' 
state or condition of such executions, prior to the session of each 
General Assembly. 

^ To keep a 

11. To keep a book in which to enter all bonds taken since tke}>ook of 

- 1 ^ bonds since 

third day of March, 1856, and to file the orignals in his office. is5Mnd;me 

«/ " ' ° t originals. 

12. To have made suitable indexes to the record books in his shaii cause 

~ books to be 

OlriCe. indexed. 



28 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 

Article 3. — The Comptroller General. 

accounts?" ^* ^° au dit the accounts of all agents disbursing public money- 
shall amra- § 97. ^° ma ke a report annually to the Governor, showing — 
thJSver" Jc An account current from his books, between the Treasurer 
nor- and the State, of all receipts and payments, including amounts 

paid on the drafts of the President and Speaker, as reported to 

him by the Treasurer, 
by eaci!r id % ^ statement of the taxes paid to the State by each of the 
county. counties, as appears by the Digest thereof, and the counties 

whose collectors are in default, and the amount of such default. 

Debts due to 3. A statement of all evidences of debt due the State, and un- 
tie State. nii- n 

collected, which may remain in his office, the condition of the 
same, the name of the Solicitor or Attorney having it in charge, 
and his report of it. 

Educational 4 ^_ statement of the Educational Fund of the State, its an- 
nual income, the amounts paid out, when and to whom. 

Public Debt. 5. A statement of the condition of the Public Debt of the 
State, the amount of interest paid, and the fund from which paid. 

Accounts of 6. A statement of the accounts of all officers and agents dis- 

money Agts. t ° 

bursing public money, and the names of such as have failed to 
comply with the laws relating to their offices and appointments, 
and the several sums for which they are in default. 
pay of offi- 7. The salaries and pav of all officers of the State. 

cers. 

incidental 8. The incidental expenses of the General Assembly, Execu- 

SgiSurl tive and Judicial departments. 

contracts, v. All sums paid, or due to individuals by special contract. 

§ 98. He has authority — 
business! 1. To settle up the business of the office for previous years, 

kiwcommis- &■ To allow Receivers and Collectors of Taxes their Commis- 
coSectors & sions, and to balance the Tax Books and other books of the office 
them! Wlth upon satisfactory proof of payment or settlement. 
mMTax™" ^' ^° C01 ^ ec t all unpaid taxes of previous years. 

Hemaysug- §99. In his Annual Peport the Comptroller General shall sug- 
gest im- -l « • • 

provements o;est such improvements in the Revenue Laws as his experience 

in Eevenue . . 

Laws. and observation may approve. His Report must be made at 
the time the Treasurer's is, and likewise communicated to the 
General Assembly. 

Must keep §100. He must keep in his office a well bound book, in which 

books oi an- " ■ ■ . a t 

nuai .appro- shall be entered in alphabetical order, the full amount of all 

pnations & x 1 

a V s ai 'to nt sn *° annual appropriations, setting forth the amounts under their 
condition of severa l heads, all warrants that he may check and pass, together 
the state. w ith the fund on which it is drawn, the time, amount, and in 



PT. l.— TIT. 3.— CHAP. 3.— Executive Department. 29 

— / 

Article 3. — The Comptroller General. 

whose favor drawn, and make all entries necessary to a true ex- 
hibit of the finances of the State. 

§101. He must keep a book in which to enter all bonds taken Must keep 

i -n tit • boolc of ri ' ax 

of Tax Collectors and Receivers, and keep the same on rile in his collector & 

x t Receiver's 

office. He shall collect all unpaid taxes of previous years at a Bonds, and 

- 1 - * " file originals. 

compensation of five per centum on the amount collected. 

8 102. He must certify under his official seal at all times when Mu !* s^e 

o « m copies of pa- 

necessary for the public use, and on application and payment of P ers - 
his legal fees therefor, for private use, copies of any papers kept 
in his office. 

§ 103. If the Comptroller resigns, or is removed, lie must irii- Must settle 

i • i -i • -i-it j_i« i -' ' • j with succes- 

mediately state his account, and deliver everything pertaining to sor, and de- 
his office to his successor ; or if he dies, absconds, or absent him- every thing 

. 1 , ~ , . pertaining to 

self for as long as thirty days without the Governor s permission, Ms office. 
the Governor may without delay declare the office vacant, supply when office 
his place by appointment, examine the condition of his office cXa va- e 
and deliver over to the appointee. 

§ 104. He shall, in addition to his salary, have ten per cent, on Additional 
all sums he may collect, except for taxes, which necessarily was 
the duty of a predecessor to collect, and which was not done. 

§105. The Comptroller General must make out for the use of^t a Lu&t re " 
the General Assembly — 

1. A table containing the taxable property and other items on 
the Tax Digest of each county for the year in which he makes 
his Annual Report. 

2. A table annually of the polls in each county for the year 
immediately preceding his Report — the number of voters in each 
county at the general election next preceding his Report — the 
number of children in each county returned for participation in 
the Educational Fund and the amount drawn by each county 
from said fund — the amount drawn by each county for pay of 
members of the General Assembly — the total amount drawn by 
each county from, the Treasury and the total amount of net tax 
paid into the Treasury for the year preceding by each county. 
Also, to furnish such other statistical information connected with 
his office as may be useful to the General Assembly. The An- 
nual Reports of said officer and of the Treasurer must contain 
only the available funds or cash in the Treasury as the balance 
therein. They are also required to report separately and under 
the head of "Assets belonging to the State," all Bank or Rail- 
road Stocks or Bonds, or other assets. The State Road to be 



contain. 



30 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 

Article 3.— The Comptroller General. 

reported without any stipulated value. Such officers are author- 
ized to make such transfers or alterations on their books as are 
necessary to comply with the preceding section. The items 
"Darien Bank Bills," Western and Atlantic Railroad script and 
uncurrent funds hitherto reported, must be sealed up, remain in 
the Treasury and be left out of all future Annual Reports of 
said officers. 
shaii not § 106. He shall not directly or indirectly be interested or en- 

speculate in ^ . 

wild lands, gaged in the purchase and sale ot wild lands on speculation, on 
pain of removal by the Governor, or the General Assembly. 



ARTICLE IY. 

OF THE SURVEYOR GENERAL. 



Section. 
101. Surveyor General's bond. 
108. His rights and duties. 



Section. 

109. Other duties. 

110. Shall not speculate in wild lands. 



His bond. § 107. The Surveyor General must give a bond conditioned the 

same as that of the Secretary of State, and for the same sum, 

subject to the same rules and regulations. 
leSrl § 108. His right s and duties are the same as those of the Se- 
ll^toVeCTe- cretary of State set forth in sections 84 and 85, except the use of 
toiyo ate ^} ie Q- rea t Seal. He shall receive no perquisites for any official 

act, but the fees prescribed shall be collected by him and paid 

into the State Treasury. 
records 6 ©? § 109. It is moreover the duty of the Surveyor General — 
Irantsand. T. To keep safely all the records of plats of land granted, and 
vemor. °" to report the condition of such records to the Governor at least 

once a year. 
piats and° rd 2. To record all plats of land legally authenticated and re- 
ina£ s to° si- turned to him by the several County Surveyors, or other Sur- 
state7 ° veyors, acting by authority for which grants are sought, and to 

furnish the originals thereof to the Secretary of State, to be 

attached to the grants. 
maps k oT P aii ^. To keep in his office correct maps of all the different sur- 
d? s r tric?s'. by ve 7 8 ( ma de by State authority) and of those comprising the land 

lotteries, their divisions into numbers, districts, sections and the 

like, having for every district a separate map. 
register of 4. To keep a register of the various grantees thereto, and the 

grantees, &c. , _ , 

dates oi the grants. 



PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 31 



Article 4. — The Surveyor General. 



5. To keep correct maps of all surveys of rivers, harbors, ^'^ ^ ^ 
swamps or land, made by the special direction of the Grener'al SJJJ^jjJ. 
Assembly. ~ 

6. He shall, when necessary contract for the execution of new May have 

" t> new maps 

maps, or the re-execution of, or repairs of old maps subject to "Jj^JJ* 
the ratification of the General Assembly. P aired - 

7. He must certify under his official seal, as the Comptroller Must give 

~ 7 ■ x copies of pa- 

General is directed in Section 102. pers. 

§110. He shall not directly or indirectly be interested or en- Sha11 ™* . 

" «/ ■: «/ . ■ speculate in 

gaged in the purchase and sale of wild lands on speculation, on wild 1:mds - 
pain of removal by the Governor, or the General Assembly. 



CHAPTEK IV. 

OTHER OFFICERS CONNECTED WITH THE EXECUTIVE DEPARTMENT. 

Article 1. State Librarian. 

Article 2. Governor's Messenger and State House Guard. 



ARTICLE I. 

STATE LIBRARIAN. 



Section. 
116. He must take and file receipts, &c. 
111. He must exchange for reports, &c. 

118. His office is subject, &c. 

119. He must deliver contents of office. 



Section. 

111. Librarian's bond. 

112. He must keep the State Library. 

113. He must preserve the books, &c. 

114. He shall distribute the laws, &c. 

115. He must keep a catalogue of books. 

§ 111. The Librarian must give a bond in the sum of two ]^d. glve 
thousand dollars, with good security, payable to the Governor 
and his successors in office, conditioned for the faithful perform- 
ance of his duty as State Librarian. 

§ 112. The Library belonging to this State with such additions S^ubiS 
as may be hereafter made from any quarter, together with all Llbrar ^ 
copies of the laws, journals, or other books published, or pur- 
chased by the State, shall be kept in appropriate apartments at 
the Capitol building designated by the Governor, under such 
rules and regulations as he may from time to time prescribe. 

§113. It is his business to preserve, keep in order, and protect Must pre- 

, J- 1 x ? x serve the 

said Library; to keep the same open for the inspection of ^SSjjJiJ 
citizens of the State, and to discharge such other duties in con-J ectt, °t ne , 

" o inspection ot 

nection with the Library as may be required of him by law, or citizens. 
the Governor of the State. 



the 



32 PT. 1.— TIT. 3.— CHAP. 4.— Executive Department. 

Article 1. — State Librarian. 

gjaii^distri- g H4. The distribution of the Laws and Journals, Reports of 

a£d other als th e Supreme Court Decisions, Laws of the Confederate States, and 

books. a }]_ other books required to be distributed to the several counties 

(of the State) or to be sent to other States, shall be made by the 

Librarian under the direction of the Governor in pursuance of 

the provisions of the law in respect thereto. 

catalogue P of § 115. He shall make out and keep on hand a catalogue of all 

the books in the Library, to be amended without unnecessary 

delay from time to -time, as he may obtain new books, or dispose 

of old ones, which shall be printed and kept in his office in two 

or more conspicuous places. 

Must take § 116. It is his duty to receive from the State Printer the 

find fil.6 yq- 

ceipts for Laws and Journals, and when distribution is made to the various 
distributed, counties, to take from Clerks of Courts, or other distributees, 
their receipts therefor, likewise all other books required to be dis- 
tributed. He must receive and take receipt on the distribution, 
and keep in his office a file of such receipts. 
Must effect §117. He must correspond with the proper authorities of other 

exchange of . , , . , 

Eeports with States who publish the reports of their highest appellate tribunal, 

OT)D.Ga out llo. 

with a view to exchange theirs for our Supreme Court reports, 
ms office § 118. His office is under the general supervision of the Gover- 
the Gover- nor, who may at any time appoint a competent person to exam- 
visW pei ine into, and report its condition, to him. 

Must deliver §119. If the Librarian resign or be removed, he must, within 
contents of ten davs thereafter, deliver the books, papers, and other contents 

office to sue- J . -. . , T . 

cessor. f his office to his successor, taking his receipt therefor, which 
must be filed and recorded in the Executive office, and if there is 
any deficiency in the books received by him, or other damage 
done, the Governor shall have suit brought on his bond. 



AKTICLE II. 

GOVERNOR'S MESSENGER AND STATE HOUSE GUARD. 



Section. 

120. Governor's Messenger. 

121. His duties. 

122. Appointment of Special Messenger. 



Section". 

123. Capitol Guards, their duties. 

124. Number may be changed. 



Governor §120. The Governor may in his discretion, as the exigencv 

may appoint ° ^ J < ° «* 

Messenger mav require, appoint a Messenger to the Executive Department, 

Slnt I)epart " or nave ^ na ^ duty performed by some other employee about the 

State House, engaged by him under the general authority granted 



PT. 1.— TIT. 3.— CHAP. 4— Executive Department. 33 



Article 2. — Governor's Messenger and State House Guard. 



to him, and when so performed, it must be done without addition- 
al compensation. 
§121. When there is a Messenger, he shall perform such du- Duties of 

" r<n Messenger. 

ties for the Executive office, the other offices in the State House, 

and such other service connected Avith the State business at the 

Capitol as the Governor shall prescribe, and be governed by such 

rules and regulations as he may adopt. 

§122. When there is no Messenger, the Governor may, if Governor 
o ° ' , ma y employ- 

occasion should require, employ some person to perform any spe- persons for 

cial service, for a reasonable compensation, such as is the duty of vice - 

the Messenger to perform, but which cannot be performed by the 

person acting as such. 

§123. The Governor shall appoint a Guard for the Capitol g ua f t ^ 1 J nd 
buildings, including the Captain of the Guard, whom he shall their duties - 
designate as such, whose business it shall be to remain in said 
buildings from sundown until sunrise of the next day, every 
night in the year, and on Sundays and holidays, to keep watch 
over the same and protect them from fire or intruders. 

§124. The Governor has power to keep the number of said Number of 
Guard full, when lessened by Providential or other cause, and be changed 
adopt such rules and regulations in regard to them, as in his 
judgment the public service may demand. 



CHAPTER V. 

GENERAL REGULATIONS, AS TO ALL OFFICERS AND OFFICES. 

Article 1. Of eligibility, qualifications, and commissions. 

Article 2. Official oaths. 

Article 3. Official bonds, and herein of discharging sureties. 

Article 4. Of delivery of Books, &c, to successor. 



ARTICLE I. 

OF ELIGIBILITY, QUALIFICATION, AND COMMISSION OF OFFICERS, 
AND VACATION OF OFFICES. 



Section. 

125. Persons ineligible to civil office. 

126. When ineligible, the next highest. 
121. Persons elected, failing to qualify. 

128. Residence, seal, and term of office. 

129. Commissions under Great Seal. 

3 



Section. 

130. Commissions under Executive SeaL 

131. When civil offices are vacated. 

132. Vacancy in Executive office. 

133. Resignations sent to the Governor.. 






34 PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 



Article 1. — Eligibility, Qualification and Commission of Officers, and Vacation of Offices. 



fiigibkfto 11 " § 12 ^. The following persons are held and deemed ineligible 
office. to i 1Q i^ an y c — j f£ ce m t j^g gtate, and the existence of either 

of the following state of facts, is a sufficient reason for vacating 
any office held by such person ; but the acts of such person, 
while holding a commission, are valid as the acts of an officer de 
facto, viz : 

Minors. l. Persons who are not citizens of this State, nor of the age of 

twenty-one years or upwards. 
rS°and?e-" ^' ^^ holders or receivers of public money of this State, or 
myTver an y C0lli rty thereof, who have refused, when called upon, or failed 
mo b ney. after reasonable opportunity, to account for, and pay over the 

same to the proper officer. 
reions of 3. Any person convicted and sentenced finally for anv felonv, 

moral turpi- , t a • • 

tude. under the laws of this, or any other State, involving moral turpi- 

tude, the offence being also a felony in this, unless restored by 
a pardon from the proper Executive, under the Great Seal of 
the State, to all the rights of citizenship. 

confederate 4 # Persons holding any office of profit or trust under the Gov- 

States offi- 4 o ■ t/ r 

cers, or offi- eniment of the Confederate States, (other than that of Post Mas- 

cers under 1 v 

other states. t e r) or f either of the several States, or of any foreign State. 
Persons in- 5. Persons of unsound mind, and those who from advanced age, 
sane or m- oi , bodily infirmity, are unfit to discharge the duties of the office 

to which they are chosen or appointed. 
Those whose 6. Those who have not been inhabitants of the State, County, 

term of res- t t t , m . 

idence is in- District, or Circuit for the period required by the Constitution 

complete. t x x r 

and Laws of this State. 
Those other- 7 # All persons, from any cause Constitutionally disqualified. 

wise dis- - 1 ' u . 

qualified. All officers are eligible to re-election and re-appointment, and 
ah officers to hold other offices, unless expressly declared to the contrary 
re-eiigibie. by tke Const it u tion or Laws. 

The person §126. If at any popular election to fill any office, the person 
highest vote, elected is ineligible under the foregoing rules, the person having 

to an ineli- & ° ° . ' r ° 

gibie candi- the next highest number oi votes, who is eligible, whenever a 

date, is elect- ~ th 

ed, if piurai- plurality elects, shall be declared elected, and be qualified and 

commissioned to such office. 
a person ft V2ft % Persons who after an election, fail to comply with all 

elected, and ° . 

failing to the pre-requisites of the law, in order to obtain commissions or 

obtain com- Jr a " 

mission is certificates to discharge the duties of the office, are ineligible to 

ineligible on o ? o 

tteSure re-election at the election held by reason of such failure, for the 
same office. 

§ 128. All officers of this State must reside therein at such 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 35 

Article 1. — Eligibility, Qualification and Commission of Officers, and Vacation of Offices. 

places as are designated by law, and discharge the duties of their SSSRLm. 
office until their successors are commissioned and qualified ; and JiJjJdJS? 
all officers whose certificate of records, or other papers, are ad- succeSSr is 
missible in evidence in any Court in this State, must have and 2S3?2Sil 
keep an official Seal. S&L. 8-1 

§129. The following officers must be commissioned with the what offi- 
Great Seal of the State annexed thereto, signed by the Governor, commission- 

i t in i* n • n ed with th0 

and countersigned by the Secretary of State, viz : Senators Great Seal 

° " ' of the State. 

and Representatives in Congress, Judges of the Supreme and 
Superior Courts, Attorney and Solicitors General, Reporter of 
the Supreme Court, Secretary of State, Treasurer, Comptroller, 
and Surveyor General, and all Military officers of the grade of 
General, either of Division or Brigade. Those of all Federal 
and Judicial officers above enumerated must be on parchment. 

§130. All other civil officers of the State, or county, shall ^ r h s a f ®* 
be commissioned under the Seal of the Executive Department, ^™ier ion " 
signed by the Governor, and countersigned by one of his Secre- \^$ Q §e". 
taries, except Constables, whose election shall be certified by the P artment 
Clerk of the Inferior Court of the county, and such certificate shall 
operate as their commission. All officers of the Militia, and of 
Yolunteer Companies, Battalions or Regiments, regularly incor- 
porated, (of the grade of Lieutenant, or higher) shall have com- 
missions under the Seal of the Executive Department. 

§131. All offices in the State are vacated— SSS*5 

1. By the death of the incumbent. ^accepted 

2. By resignation, when accepted. resignation; 

3. By decision of a competent tribunal, declaring the office Jjjjj!*" 
vacant. 

4. By voluntary act or misfortune of the incumbent, whereby £FmiS 
he is placed in either of the conditions specified of ineligibility denng in- 
to office, which shall operate from the time the fact is ascertained ineligible. 

1 .. according to 

and declared by the proper tribunal. law; 

5. By the incumbent ceasing to be a resident of the State, or^i^e of 7 ' 
of the county, circuit or district, for which he was elected. In S reside 11 
the first case, the office shall be vacated immediately: In the law requires; 
latter cases, from the time the fact is judicially ascertained. 

6. Bv failing to applv for and obtain commissions or certificates, b r f; ! ilure to 

«/ ~ rr «/ ^ j obtain com- 

or by failing to qualify or give bond, or both, within the time pre- "J^gf?? or 
scribed by the laws and Constitution. 

7. By abandoning the office, and ceasing to perform its duties, abaVdon- 

„„ 'xi*,™ ment of the 

or either. office . 



36 PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 

Article 1. — Eligibility, Qualification and Commission of Officers, and Vacation of Offices. 

•ytathe" 1 " §132. The resignation of .the Governor must be transmitted 

Governor % ^ m to tne General Assembly, if in session ; if not in session, 

eommuni- to tne Secretary of State, who must, on the same day notify the 

eated. President of the Senate. If the office becomes vacant by death, 

or any other cause, when the General Assembly is not in session, 

the Secretary of State must inform the President of the Senate. 

In either case the President of the Senate when informed, shall, 

within ten days, repair to the Capitol and take the oath of office 

before any Jud^e of the Supreme or Judge of the Superior 

President of J *? r _ . , , to # r 

the senate Court, and the General Assemblv if m session, which fact shall 

failing to ' . 

qualify, the De entered on the minutes of the Executive Department. If he 

Speaker of # x 

the House d oes no t go appear in said time, he shall be considered as having 

must be no- x r ' & 

tmed. resigned, and the Secretary of State shall then, or in case there 
is no President of the Senate, inform the Speaker of the House 
of Representatives, and the proceedings shall be the same. 

whatoffi- §133. The resignation of Senators and Representatives in 

cers must on jr 

eommuni- Congress, and members of the General Assemblv, and of all offi- 

cate resigna- o - ? ./ ? 

Governor 6 cers wnose commissions issue from the office of Secretary of State 
or the Executive Department, and whose places may be supplied 
by Executive appointment, shall be made to the Governor. 



ARTICLE II. 

OFFICIAL OATHS. 



Section. 

134. Additional oath of public officers. 

135. Oath must accompany Dedimus. 

136. Who may qualify officers. 

137. Official oaths to be filed. 

138. Where to be filed. 



Section. 

139. Endorsement of filing. 

140. Oaths of deputies to be filed. 

141. Failing to take and file oath. 

142. When acts are valid without oath. 



4?? of pub- §134. All public officers, besides the oath of office, and the 
lie officers. 02 ^ prescribed by the Constitution, (if any,) shall swear that he 
is not the holder of any public money due this State, unaccount- 
ed for ; that he is not the holder of any office or trust, under the 
Government of the Confederated States, (except Post Master,) nor 
either of the several States, nor of any foreign State ; and, if elect- 
ed by any circuit or district, that he was a resident thereof for the 
time required by the Constitution and laws, (stating the time,) and 
is otherwise qualified to hold said office, acccording to the Consti- 
tution and laws of Georgia, and will support the Constitution of 
the Confederate States, and of this State. 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 37 



Article 2.— Official Oaths. 



§135. The form of said oath, as well as the oath of office, to F ° 1 ™ ^ 

o - ' oath to bo 

be taken and subscribed, must be forwarded with the dedimus jJJj^jJSj 
potestatern, and be taken and subscribed at the time of receiving 
the commissions, before the officer to whom the same is directed, 
and in conformity to the directions. 

§136. When not otherwise provided by law, and not directed wiiomaj 

v j. ./ 7 qualify 

in the dedimus jpotestatem, the oaths of office may be taken be- officer* 
fore any officer authorized by law to administer an oath. Such 
oaths must be written out and subscribed by the person taking 
them, and accompanied by the certificate of such officer specify- 
ing the day and year when taken. 

§137. Such oaths, when taken by any officer whose general where of- 

°\ ' J P ficial oaths 

duties are not confined to any one county, (unless otherwise spe- must be 
cially provided,) must be filed with the certificate required by the 
preceding Section, in the Executive office; and when taken by an 
officer whose duties are confined to one county, as provided in the 
next Section. 

§138. When taken by the Justices of the Inferior Court, the where of- 

v d ficial oaths 

Ordinaries and the Clerks of the Superior Courts, they must must bo 
be filed in the office of the Clerk of the Inferior Court, and also 
entered on the Minutes of their respective Courts. When taken 
by Sheriffs, they must be likewise filed in the office of the Infe- 
rior Courts, and must be entered on the Minutes of the Superior 
Courts ; and when taken by Coroners, Tax Collectors or Receiv- 
ers, County Treasurer, Justices of the Peace or Constables, or any 
other county officer, they must be filed in the office of the Clerk 
of the Inferior Courts ; and the Clerks of the Inferior Courts, and 
■also of the Superior Courts, when one and the same officer, must 
file their oaths in the office of the Ordinary, and enter them on 
the Minutes of their own Courts respectively. 

§139. The officer, in whose office such oaths are filed must Endorse- 

u ' a ment ot — 

endorse thereon the day and year of filing. when filed. 

§ 140. All deputies, before proceeding to act, must take the oaths of 

, Deputies 

same oaths as their principals take, which must be filed in, and and where 

1 r ' i • i 1 to be filed. 

entered on the Minutes of the same office, and with the same en- 
dorsement thereon, but these provisions do not apply to any dep- 
uty who may be employed in particular cases only. 

§141. If any officer or deputy, required by law to take and Pen .^T e f °J 
file such oaths, enters upon the duties of his office without first take and file 

' sr _ # official oath. 

taking and filing the same in the proper office, he is guilty of a 



38 



PT. 1. — TIT. 3. — CHAP. 5. — Executive Department. 



Article 2.— Official Oaths. 



misdemeanor, and, on conviction, must be fined not less than two 
hundred dollars. 
Actsofoffi- §142. The official acts of an officer are not the less valid 

cers valid 

without the for his omission to take and file the oath, unless in cases where so 

oatn, unless ' 

otherwise specially declared. 

declared. x » 



AKTICLE III. 

OFFICIAL BONDS, AND HEREIN OF DISCHARGING SURETIES AND RE- 
QUIRING- ADDITIONAL SURETIES. 



Section. 

143. The payee and condition, of bonds. 

144. Bonds must accompany dedimus. 

145. Approval of official bonds. 

146. Number and qualification of sureties. 
14*7. May be signed by Attorney in fact. 

148. When bonds must be filed. 

149. Certificate of failure to file bond. 

150. Acting before filing bond. 

151. Endorsement of filing. 

152. Notice of failure to file bond. 

153. Penalty for failure. 

154. Obligations of official bonds. 



Section. 

155. Approval, filing and record of bonds. 

156. Giving bonds to be certified. 

157. Deputies' bonds. 

158. Principal or deputy may be sued. 

159. Bond when discharged. 

160. Officers liable, above penalty of bond. 

161. Validity of bonds. 

162. Damages, m suits on bonds. 

163. Future official oaths and bonds. 

164. How sureties may be discharged. 

165. Officer failing to give new bond. 



P m ° ial t § 143. The bonds of all public officers required by law to give 

whom paya- bond, unless otherwise provided, must be made payable to the 

l)le and upon 7 J- " r J 

what condi- Governor of the State of Georgia, and his successor in office, 

tions. o 5 7 

with such sureties as the approving Court or officer is satisfied is 
sufficient, and conditioned in all cases, in which a different con- 
dition is not prescribed, faithfully to discharge the duties of such 
office during the time he continues therein, or discharges any of 
the duties thereof. 

Official § 144. Official bonds of all officers who are entitled to corn- 

bonds must . . ,. -i/n it -I'll 

be sent with missions from the (roveriior, and who are required to give bonds, 
potestatem, must be prepared and furnished by the Executive Department, 

at the time of forwarding the dedimus potestatem. 
Approval of §145. The approval of all official bonds shall be in writing, 
endorsed on the bond, and should show the day and year on which 
the same were approved, and shall not be filed until thus ap- 
proved. 
Number and § 146. Such bonds shall not be approved by the approving offi- 
of sureties cers, unless they have at least two good and solvent sureties, and 

on official ' * 7 , ° ... ' 

bonds. not more than live, all ot whom must be permanent residents oi the 
State, and two also of the county, and freeholders thereof. When 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 39 



Article 3. — Official Bonds, and Herein of Discharging Sureties, &c. 

said approving officers do not, of their own knowlekge, know 
that a surety is worth enough to enable them to accept him, they 
shall not take him unless he swears to his means, and it is satis- 
factory, of which swearing they shall make a minute on the bond. 

§147. When an official bond is signed by an Attorney in fact, Power of At- 

° ° " ( \ ' torney attes- 

the power of attorney must be attested by a Justice of the Life- ted and fifed. 
rior Court, and filed and recorded as the bond is. 

§148. The official bonds of public officers required by law to within what 
be filed in the office of Comptroller, Secretary of State, or Execu- bonds must 
tive Department, must be filed therein within forty days after 
the election or appointment of such officer ; when in the office of 
the Clerk of the Superior or Inferior Courts, or Ordinary, within 
thirty days therefrom. In all other cases within twenty days 
therefrom. 

§149. When any officer of whom bond is required fails to certificate of 
make and file the same as prescribed in the preceding section, it o'mcM bond! 
is the duty of the Court, or officer in whose office it is required 
to be filed, at once to certify such failure to the appointing power, 
and to the power whose duty it may be to order an election. 

§150. If anv public officer, required bvlaw to give bond, per- Acting be- 

' ° \ L . . fore filing 

forms any official act, before his bond is approved and filed as bond a mis- 

, . , , , demeanor. 

required, he is guilty of a misdemeanor, and on conviction, must 
be fined not less than five hundred dollars. 

§151. Every officer in whose office the official bond of any Endorse . 
public officer is filed, must endorse on such bond the day and year daAonds. ' 
when the same was filed, and sign his name to such endorsement. 

§152. If any public officer required by law to give bond, fails Notice to be 
to file the same, within the time hereinbefore prescribed, in the failure to file 
proper office, notice of such failure must be given by the officer 
in whose office such bond is required to be filed, by or during the 
two first days of the session of the Superior Court held in the 
county in which the officer so failing resides, next after such fail- 
ure, to the Attorney or Solicitor General of the Circuit. 

§153. Any officer whose duty it is to mark-file the bond andp eim i tv f ra 
to give the several notices required in this article, and failing to mL-Sie, or 
do so, without good and sufficient excuse therefor, shall, on infor- fcuureto file 
mation rendered and citation to appear before the Superior Court 
of the county of his residence, be fined as for a contempt (in the 
discretion of the Court.) 

§ 154. Every official bond executed under this Code is obliga- official 
tory on the principal and sureties thereon — obligatory. 



40 PT. 1. — TIT. 3. — CHAP. 5. — Executive Department. 



Article 3. — Official Bonds and Herein of Discharging Sureties, &c. 

by r the e o a ffi- !• F° r any breach of the condition during the time the officer 

cer - continues in office, or discharges any of the duties thereof. 

Breach by a 2. For any breach of the condition by a deputy, although not 

cpu y ' expressed, unless otherwise declared by law. 

Discharge of *£ ]? or the faithful discharge of any duties which may be re- 
duties im- ^ ~ " *) 

poaedbyiawq-Qired f such officer by any law passed subsequently to the exe- 

subsequent ^ J w x XL J 

tion 8 execu cu tion of such bond, although no such condition is expressed 

therein. 
For the use 4. For the use and benefit of every person who is injured, as 

of any one . 

injured. W ell by any wrongful act committed under color of his office as 
by his failure to perform, or by the improper or neglectful per- 
formance of, those duties imposed by law. 

How official §155. The official bonds of the Ordinaries, the Clerks of the 

bonds are to u , ' 

^approved, Superior Courts, of Sheriffs, Coroners, County Surveyors, County 
corded. Treasurers, Tax Collectors and Receivers, given for county taxes, 
must be approved by at least three Justices of the Inferior 
Courts, filed in the office of the Clerks of the Inferior Courts, 
and by them recorded ; that of the Clerks of the Inferior Court 
must be filed in the Ordinary's office, and by them recorded, and 
when the Clerks of the Inferior Courts are also Clerks of the Su- 
perior Courts, those of the Clerks of the Superior Courts must 
likewise be filed and recorded in the Ordinary's office. The 
bonds of Tax Collectors and Receivers for State Taxes, after be- 
ing likewise approved, must be recorded by the Clerks of the In- 
ferior Courts, and the original bond must be by them transmitted 
to the Governor, (for deposit in the Comptroller General's office.) 
justices of §156. Such Justices of the Inferior Court must sign a certifi- 

the Inferior o ° 

Srtif tothe cate to tne Governor, stating that the Clerks of the Superior and 
^certain Inferior Courts respectively, the Sheriffs, Coroners, and County 
°JSSa bo h nds e Surveyors, have taken the oaths and given the bonds sent from 
the Executive Departments, together with a statement of the 
dates, amounts, and names of the sureties of each, and that they 
have delivered to them their commisions, which shall be attested 
by the Clerks of said Courts, and by them immediately trans- 
mitted to the Governor. 
Deputies R 157. When Deputies give a bond, they must be payable to 

bonds to ° x ° t • -i -i • x» u-l * 

whom paya- their principals, with surety conditioned as theirs are, tor tneir 

ble, for what 11? «/ 

whelmed' 1 conduct as Deputies, for the same amounts, and must be recorded 
& recorded, j^ t ] ie same office, and in the same manner as the bonds of the 
principals. 

§158. It shall be at the option of any person who claims dam- 



PT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 41 



Article 3. — Official Bonds, and Herein of Discharging Sureties, &c. 



ages of any principal officer for the act of his Deputy, to sue SSfuS? 
said Deputy's bond instead of his, in the same manner as the b^Sled^or 
principal's bond may be sued. actof Depu- 

§ 159. Such bonds are not discharged by a single recovery, but one re- 
proceedings may be had from time to time, until the whole pen- not dis- 

i . • -i t . irv« -i -i • • • i charge the 

alty is exhausted against the officer and his sureties, or either, bund, uniesg 
and said bonds are joint or several, whether so set forth or not. penalty. 

§160. When the penalty is exhausted, the officer himself shall officer Uabia 
still be liable, and upon the same measure of damages as upon lityfs ex- en 
his bond, and he is likewise liable for any damage he may do in 
undertaking to discharge the duties of an office without having 
given the necessary bond, or having given one, it is invalid, in 
whole, or in part. 

§ 161. Whenever any officer required by law to give an official Bonds valid, 

° J M J & though not 

bond, acts under a bond which is not in the penalty, payable and ! n conform- 

; r > J ' r J lty to law. 

conditioned nor approved, and filed as prescribed by law, such 
bond is not void, but stands in the place of the official bond, 
subject on its conditions being broken, to all the remedies inclu- 
ding the several recoveries which the persons aggrieved might 
have maintained on the official bond. 

§ 162. The measure of damages upon all official bonds for the Measure of 
misconduct of the officer, unless otherwise specially enacted, suits on 
shall be the amount of injury actually sustained, including the 
reasonable expenses of the suit to the plaintiff, besides the costs 
of Court, but in all cases when little or no damage is actually 
sustained, and the officer has not acted in good faith, the jury 
may find for the plaintiff an amount as smart money, which 
taking all the circumstances together, shall not be excessive nor 
oppressive. 

§ 163. All the provisions of this, and the preceding article, ap- p rovi9ion8 
ply to the oaths of office and official bonds of all public officers preceding 
of this State, whose office may be established hereafter, unless J^SiaP y 
the contrary is expressly provided. 

§ 164. When the surety to any bond, given by any officer for How sure . 
the performance of any public duty, shall give notice in writing to C iai bonds 
the Governor, of his desire to be relieved from future liability, charged, 
for good cause therein stated and sworn to, of which the Governor 
shall be the judge ; or any such surety shall in the opinion of the 
Governor, formed upon satisfactory evidence, become insufficient, 
it shall be his duty to require of such officer a new bond and 
surety. 



42 PT. 1 .— TIT. 3.— CHAP 5.— Executive Department. 

Article 3. — Official Bonds, and Herein of Discharging Sureties, &c. 



Sfto r g we" §1^5. If any officer shall fail to comply with such requisition 
whin ?e d within ten days from the date he is served personally with a copy 
removed e °f the Executive order containing such requisition, he is by such 
irom office. f a ii ure rem oved f rom ffi ce anc [ a vacancy declared. 



AKTICLE IV. 

OF DELIVERY OF BOOKS TO SUCCESSORS. 



Section. 
166. Outgoing officer must deliver books. 
161. Persons having office property. 
168. Persons refusing to deliver, &c. 



Section'. 

169. May be imprisoned. 

170. Books, &c, delivered to successor. 
1*71. Penalty for failure. 



officer must § 166. When any office is vacated, it is the dutv of the incum- 

deliver t_ -i . • 

books, &c, bent, on demand made, to deliver all books, papers, and other 

to successor. ' 7 x *- ' 

property appertaining to the office, to his qualified successor, 
other per- g 167. If a vacancy occurs by death, or the incumbent is not 

sons having *> J ■ 

office pro- to be found at the time of demand made, it is the dutv of any 

perty must " «/ ■/ 

dehver it up. person having possession, or control of such office property, or 
any part thereof, to deliver it up, and the rights and remedies 
are the same against such person, as against the deceased officer, 
if living, or to be found. 

How person § 168. If any person neglects or refuses so to do after demand 

in posses- f/ x ° 

sion, refu- made, the successor shall make complaint to the Justices of the 

sing to de- ; x 

liver office Inferior Court of the County, or to the Judge of the Superior 

and con- _ « > © r 

tents to be Court of the Circuit in which the person refusing resides, or if 

proceeded £ & ' 

against. neither can be had, the Judge of the Superior Court of an ad- 
joining Circuit, and if such officer is satisfied, from the oath of 
complainant or otherwise, that such are withheld, he must grant 
an order requiring the person so refusing to show cause before 
him on a day and at a place named in such order, why he should 
not be compelled to deliver over the same, 
if such per- § 169. At the time so appointed, or at any other time to which 
no good the matter may be adiourned, a copy of such order having been 

cause, and -. ,J J „ . , aa 

fail to com- personally served on the person so refusing, such omcer must 

ply with an r , . . . . & ' . 1 . 

order to de- proceed to inquire into the circumstances, and it it appears that 

liver, they ■■ , , . j 

shall be im- such books and papers are withheld, he must order the same de- 
prisoned. T-i. • 

livered up instanter to said successor, and on failing to comply 

with such order, he shall issue a warrant directed to any officer 

of said county, or of the adjoining county authorized to make 

the arrest, to arrest said officer, and commit him to jail, there to 

remain until he complies with said order, or is otherwise dis- 



PT 1.— TIT. 3.— CHAP. 5.— Executive Department. 



43 



Article 4. — Delivery of Books to Successors. 



charged by course of law. At the same time, in the same way, 
he shall command said officer to search such places for them as search may 
may be designated in such warrant, and to seize and bring them papers under 
before him or some other officer authorized to preside, and being 
so brought and appearing to belong to said office, he shall cause 
them to be delivered to the successor. The payment of costs 
are in the discretion of the Court. Said proceedings do not in- 
terfere with the provisions in the Penal Code on this subject. 

§170. All judicial or ministerial officers, or State's Attorneys officers 

, must deliv- 

who, by law, are entitled to receive from the State any books, er book8 10 
pamphlets, or other documents, upon retiring from office must 
deliver them over to their successors, and from one successor to 
another. 



successors. 



§ 171. On failure to deliver such books, after demand made by Penalty for 
incoming officer, he is liable for three times the first cost thereof, liver books 
to be retained out of his salary, if a salaried officer, and if not a 
salaried officer, or being one it is omitted to be retained, the offi- 
cer so detaining is subject to suit and recovery (in a Court hav- 
ing jurisdiction) by the successor, in the name of the State, for 
his use. 



TITLE IV. 

LEGISLATIVE DEPARTMENT. 



CHAPTER I. 

OP THE GENERAL ASSEMBLY. 



Section. 
IV 2. Meeting of Legislature. 
1*73. Length of sessions. 
1*74. How organized. 
1*75. Oath of Members. 
116. President and Speaker. 
ITT. Elections by General Assembly. 
1*78. Doorkeepers and Messengers. 
1*79. Special Messengers. 



Section. 

180. Joint Finance Committee. 

181. Duty of Secretary and Clerk. 

182. Engrossed copies of laws. 

183. Unfinished business lies over. 

184. Pay of President, Speaker, &c. 

185. Pay of sick members. 

186. Amount due deceased members. 

187. Accounts of officers and members. 



§ 172. The regular sessions of the General Assembly begin on Semefts" 
the first Wednesday in November, annually, at noon, in the Capi- 
tol. 

§ 173. Each session shall not continue longer than forty days, 



44 PT. 1. — TIT. 4. — Legislative Department. 

Chapter 1. — The General Assembly. 

MBs£n8. of lin ^ ess otherwise ordered by a vote* of two-thirds of each branch 

of the General Assembly. 
General , As - § 174. Each branch shall be organized by the Clerk and Sec- 
organiaed. retary thereof respectively, who are ex-officio presiding officers 
until such are elected. ]STo question shall be entertained by them 
but one relating to the organization, and in deciding such ques- 
tions they are to be governed, as far as practicable, by the stand- 
ing rules of the House over which they preside. In the absence 
of such officer their assistants may officiate. In the absence of 
both, the body may appoint a Chairman, whose powers and du- 
ties are the same, 
who may §175. The oaths of office may be administered to the mem- 
oath to bers of the General Assembly by any Judge of the Supreme or 
Superior Courts, to be procured by the person organizing each 
branch. 
Election of § 176. The President of the Senate and Speaker of the House 
senate and are elected by their respective bodies by ballot, and a majority 
House. of votes is necessary to a choice. In like manner the Senate 
President must elect a President, pro tern., and the House a Speaker, pro 
proiem. tem., whose powers and duties, while presiding, or in the absence 

of said officers, are the same. 
How eiee- § 177. All elections by the General Assembly are to be con- 
ishTturl con- ducted as follows : 

ducted. 

Assemble in 1, On the day and hour appointed for the election, the mem- 
sentatire bers of both Houses must assemble in the Representative Hall. 
Members ?.■ The names of the members of each House are to be called 
vote by bii- % their respective Clerks, each member voting by ballot as soon 
lot after his name is called as practicable. 

?scertaiMd W ^* The result must be ascertained by the President of the Sen- 
nounTed. ate an( ^ tne Speaker of the House, and announced by the first 

named officer. 
at n time?m£ 4- The votes are to be given for but one election at the same 
iaryf count- time, and a majority of the whole number of votes cast is neces- 
ing blanks. gar y ^ Q a ^qj^ anc [ gjj "blanks are to be counted as votes. 

foSringon 5. When both branches of the General Assembly, agree by 
be^esdnS Resolution to bring on an election at a specified time in the Rep- 
resentative Chamber, on joint ballot, said resolution can only be 
rescinded by a vote of two-thirds of either House, and without 
such vote the election held according to said resolution is valid. 

6. When both branches meet for such purposes, and there is 
a necessity for an adjournment without having concluded the 



FT. 1. — TIT. 4. — Legislative Department. 45 

Chapter 1. — The General Assembly. 

elections for which they convened, they shall adjourn to some mSpcn.i- 
named hour on the same or next day, (not counting Sunday or a ^ n an dec - 
public holiday) or to a day certain, and the elections made at 
such time are valid, unless the resolution for the election is in the 
mean time repealed by said two-thirds vote. 

§ 178. Each House is entitled to a Door Keeper and Messen- Appoint- 
ger, to perform such duties as may be required of them, who Sow- Keep- 
shall be appointed by the presiding officers thereof respectively, pay!""' 
with power of removal at pleasure, and who shall receive the 
same pay as the members of the General Assembly. 

§179. When it shall be necessary to carrv into effect the 4thP erson8ma y 

° . oe appointed 

section of the 2d Article of the Constitution, or for any like pur- for 8 .peciai 

7 j z service. 

pose, either of said officers may appoint any person to execute 
the orders of each House and the warrant of the presiding offi- 
cer, who may receive for the service such compensation as the Thcir i° m " 

* * - 1 pensation. 

General Assembly may appropriate. 

§180. It is part of the duty of the joint standing Committee jSK» otat 
of Finance, to examine the accounts and vouchers of the Comp- Committee - 
troller and Treasurer as to all monies received into and paid out 
of the Treasury, during the last fiscal year, to compare the war- 
rants drawn during that period, with the several laws by authori- 
ty of which they purport to be drawn, to examine into the other 
accounts and books of such officers, and to count the money on 
hand at the time of the examination, and to examine the annual 
reports made by said officers to see if they are sustained by the 
true condition of their offices, and report the result to each branch 
of the General Assembly. 

§181. At the close of each session, the Secretary of the Sen- Duty of sec- 
ate, Clerk of the House of Representatives, and Secretary of senate and 

' ,•:,,. , ~ 4 Clerk of 

State, must select all the papers belonsrno- to the General Assem- House at 

p° ,. -. , close of each 

bly, except such as relate to the unfinished and rejected business, session. 
and deposit them in the office of the Secretary of State. 

§182. The engrossed copies of all laws and joint resolutions JjjEdf 4 
passed by the General Assembly, must be preserved by the Chair- Evolutions 
man of the Enrolling Committee, and deposited in the office of where wid 
the Secretary of State. posited? 1 de " 

§ 183. The unfinished business of the first session of the same unfinished 

, ,-, -iij-»-i' business lies 

General Assembly must be the first business at the succeeding over, 
session, subject to the standing rules thereof. i 

§ 184. The President of the Senate and Speaker of the House 
receive ten dollars, and the other members six dollars for each 



46 



FT. 1. — TIT. 4. — Legislative Department. 



Chapter 1. — The General Assembly. 



bers. 



Pay of sick 
members. 



leltlFtht day's attendance, and all are allowed five dollars for every twen- 
speaker of ty m ^ es of travel going to and returning from the Seat of Grov- 
and Sem- e ' ernment, the distance to be computed by the direct mail route, if 
any, and if none, by the direct land route usually traveled. 

§185. If any member is detained by sickness, after leaving 
home, in coming to, or is unable to attend the House after he ar- 
rives at the seat of Government, he is entitled to the same daily 
pay as an attending member, but no member shall receive pay 
for absent time unless on account of sickness of himself or fami- 
ly, or by express leave of the House of which he is a member. 
§ 186. If any member of the General Assembly shall die dur- 



Widows of 

members to ing the session, or afterwards, without having received the whole 

receive tlieir 

per diem or any portion of his pay, the amount due for the whole session 
shall be paid to the widow of the deceased, and if no widow, in 
like manner to the children. 
Pay of mem- § 1ST. The compensation due to the officers and members of 
cer S s ,b.ot°S"- the General Assembly must be certified by the President and 
certified. Speaker, respectively, upon the report of the Auditing Commit- 
tee, to the Treasurer, who afterwards shall pay each member who 
presents his account duly audited. 



CHAPTEE II. 

SUBORDINATE OFFICERS OF THE GENERAL ASSEMBLY. 



Section. 

188. Election of Secretary and Clerk. 

189. Oath, of Secretary and Clerk. 

190. Administering the oath. 

191. Compensation of Secretary & Clerk. 

192. Assistants of Secretary and Clerk. 



Section. 

193. Qualification of subordinate Clerks. 

194. Secretary and Clerk must file papers. 

195. Receive no pay till files are made. 

196. When both Houses meet Sec'y to aid. 



Election and § 188. There shall be a Secretary of the Senate and a Clerk of 
of secretary the House of Representatives elected by the members of each 

of Senate • -i -i -i n n • • ' a 

and cierk of House respectively, by ballot, and a majority oi votes cast is ne- 
cessary to elect. Their term of office shall be the time for which 
the members of the General Assembly are elected. . 
oath of sec- § 189. Said officers, their assistants, and engrossing and enroll- 
ed and ing Clerks, before entering on the discharge of their duties, shall 
take an oath before their respective presiding officers to discharge 
their duties faithfully, and to the best of their skill and knowl- 
edge, of which a minute shall be made and entered on the Jour- 
nals. 



their assis 
tants, 



PT. 1. — TIT. 4. — Legislative Department. 47 



Chapter 2. — Subordinate Officers of the General Assembly, 



§190. The President of the Senate and Speaker of the Ilouse r Tl (lci Y 

o - J- and Speaker 

are to administer the oaths required to the subordinate officers ofXroatift 
their respective (bodies) Houses. subordinates 

§ 191. The per diem pay of the Secretary of the Senate and p ay <>f sec- 
the Clerk of the House, their assistants and all subordinates, oieSJ-Sw 
shall be determined by each General Assembly, in perfecting the '' 
appropriation bill. 

§192. Said Secretary and Clerk shall have power to appoint secretary & 
their assistants and subordinate Clerks as follows, viz : appdnt— y 

1. The Secretary of the Senate may appoint, at the commence- Readers, 

. ' n i • i i • i t t-»i Journaliz- 

ment of the session tor which he is elected, one Reader, or assis- |na Enron- 

in* 7 " Engross- 

tant Clerk at the desk, one Journalizing Clerk, and one for En- ^1, ™& -r q - 

• r-M i i t» cording 

rolling and one Engrossing Clerk, and one Recording Clerk. cierk* 

2. The Clerk of the House may appoint, at the same time, one 
Reader, or assistant Clerk at the desk, one Journalizing Clerk, 
two Enrolling, and two Engrossing Clerks, and one Recording 
Clerk. 

3. If, at any time during the session, the business requires the Additional 
appointment of additional Clerks, either of said officers may ap- appoint™ 
ply to their respective Houses for leave to appoint them, and if 

they are deemed necessary by the Enrolling Committee, such 
body may, by resolution, authorize the appointment, specifying 
therein the number. 

4. No Clerk shall be allowed compensation in either of said what cierks 

. , only shall 

departments, appointed m any other way. receive pay. 

§193. No Journalizino;, Recording, Enrolling or Enorossino; Q ualifi, l a " 

o o" o? o a otion and re- 

Clerk shall be appointed by the Secretary of the Senate, or Clerk j ^ a °£. 

of the House, until such Clerk has been examined by the Enrol- Jjg l^oTi-" 

ling Committee, and certified to their respective Houses, to be^.f s a ^g En " 

competent and well qualified to the discharge of the duties re- Clerks - 

quired of him ; and such Clerk shall be removed, at any time, 

upon the recommendation of the Enrolling Committee of the 

House in which he is employed. 

§194. The Secretary of the Senate, and Clerk of the House of jJjjFJft 
Representatives, must, within ten days after the adjournment of ""JJfjJJf pa ~ 
each session, file, in proper order, all the papers and documents d °cuments. 
of their respective Houses. 

§195. The records, papers and documents thus filed, must be^SfSS 
delivered to the Secretary of State, who, upon receipt of the same, p^J gjfef* 
must certify that such Secretary and Clerk have respectively JuJJ tKTJa- 

pers. 



4:8 PT. 1. — TIT. 4. — Legislative Department. 

Chapter 2. — Subordinate Officers of the General Assembly. 



complied with said requisitions, and the Treasurer shall not pay 

their several salaries, until such certificate is produced. 

secretary §196. "When there is a meeting of both branches of the G-en- 

wSen both era l Assembly, in any one chamber, said Secretary and Clerk 

meet. 63 shall be present, and join in the discharge of the duties required, 

and shall enter on the Journals of each the proceedings. 



TITLE Y. 

THE JUDICIAL DEPARTMENT. 



CHAPTER I. 



GENERAL PROVISIONS IN REGARD TO JUDICIAL POWER. 

Section. 
201. Records shall not bo removed. 



Section. 

197. Judicial power — where vested. 

198. Rules of Court shall be observed. 

199. Judge interested shall not preside. 

200. Power of the Court. 



202. Minutes read and signed by Judge. 

203. The Court may act when no Clerk. 



judicial §197. The Judicial power of the State is vested in such tribu- 

vestedT ° w nals as are created by the Constitution, and such other Inferior 
Courts as are, or may be established by law, and such persons 
as are, or may be specially invested with powers of a Judicial 
nature. 
Euiesof §198. The rules of the respective Courts, legally adopted, and 

not in conflict with the Constitution of the Confederate States, of 
this State, or the laws thereof, are binding, and must be ob- 
served. 
when judi- §199. ISTo Judge or Justices of any Court, no Ordinary, Jus- 
incompetent tice of the Peace, nor presiding officer of any Inferior Judicature 

to try a case. .. .. -,.-... ,.,,. 

or commission, can sit in any cause or proceeding in which he is 
pecuniarily interested, or related to either party within the fourth 
degree of consanguinity or affinity, nor in which he has been of 
counsel, without the consent of all the parties in interest. 
n , , § 200. Every Court has power — 

Courts nave o ■ J ± 

power— -^ iji p reserv e and enforce order in its immediate presence, 

oJder f inU8 an( ^ as near thereto as is necessary, to prevent interruption, dis- 
presence ; turbance or hindrance to its proceedings. 

bodie S e Sng 2. To enforce order before a person, or body empowered to 
auSoiity - r conduct a Judicial investigation under its authority. 



PT. 1.— TIT. 5.— Judicial Department. 40 

Chapter 1. — General Provisions in regard to Judicial Powers. 



to 



3. To compel obedience to its judgments, orders and process, ana compel 

i n . S • . obedience t 

and to the orders of a Judge out ol Court, m an action or pro- its process 

° x andjudg- 

ceeding therein. ment; 

4. To control, in furtherance of -justice, the conduct of its of- am J !° con - 

" ... tr< " lts om ~ 

ficers, and all other persons connected with a Judicial proceed- cers ; 

ing before it, in every matter appertaining thereto. 

5. To administer oaths in an action or proceeding pending and to ad- 

. .. . . ., minister 

therein, and m all other cases, when it may be necessary, m the oaths, 
exercise of its powers and duties. 

6. To amend and control its process and orders, so as to make And to 

. x ' ' ■ amend its 

them conformable to law and "justice, and to amend its own re- presses, 

" ' records, &c. 

cord so as to make them conform to the truth. 

§201. "So records or papers of any Court must be removed when re- 

° x t x ' J i cords may 

out of the county, except in cases of invasion, whereby the same be removed, 
may be endangered, or unless by order of the Court. 

§202. The minutes of every Court of record must be read Miim * es . 

<J •/ must be read. 

each morning by the Clerk, in open Court, and on the adjourn- and si s ned - 
ment of the Court must be signed by the Judge, Judges or Jus- 
tices thereof: but if not signed, are valid, unless repudiated by 
the Court. 

§203. The acts of a Court shall not lack validity for the want court may 
of a Clerk, and whenever there is no Clerk, or none to be had, ties of cierk 

i iit»Ti • i't t r^ when there 

or he is incapable of discharging his duty, and any Court per- is none. 
forms that duty itself, its action as such is valid. 



CHAPTEK II. 

THE SUPREME COURT AND ITS OFFICERS. 

Article 1. The Supreme Court and its Judges. 
Article 2. The Clerk. 
Article 3. The Reporter. 
Article 4. The Sheriff, or Marshal. 



ARTICLE I. 

THE SUPREME COURT AND ITS JUDGES. 



Section. 
j 204. Judges of the Supreme Court. 

205. Their oath of office. 

206. Two may hold the Court. 

| 207. Who are eligible for Supreme Bench. 
j 208. Vacancies — how filled. 

4 



Section. 

209. When there is but one Judge, &c, 

210. Unanimous decisions how reversed. 

211. The powers of Supreme Court. &c. 

212. Two of the Judges must concur. &c. 

213. Officers of the Supreme Court. 



50 PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. 

Article 1. — The Supreme Court and its Judges. 

judges of § 204. The powers of the Supreme Court are vested in, and 
/ court. its duties performed by three Judges, who are elected for the 

term of six years by the General Assembly.* 
Their oath. §205. Before entering on the discharge of their duties they 

shall take the oath prescribed for Judges of the Superior Courts, 

and all other oaths required for civil officers. 
Two may §206. They, or two of them, may hold said Court, and the 

hold Court. ' T . . . , ^ . T . 

chief Jus- oldest Judge in commission is the Chief Justice, or President 

thereof, but without any greater powers than his associates, 
who are eii- § 207. ~No person is eligible as such, unless he has been duly 

gible to the ° . f ° y . , . J 

supreme admitted and licensed to plead and practice m the Courts oi 

"Rcncli. 

Law and Equity in this State for ten years prior to his election : 
within twenty days after the election the Governor shall issue 
his commission. 
vacancies— §208. In case of a vacancy (from any cause) the Governor 

how sup- . . . . ,. fl , , . 

plied, shall appoint and commission some qualified person to supply it 

until the next meeting of the General Assembly, who shall elect 
some one for the unexpired term. If a vacancy occurs during 
the session of the General Assembly there must be no appoint- 
ment, but if it closes without an election the Governor shall 
appoint some person to hold the office until the action of the 
General Assembly, 
when but § 209. When two or all of the Judges are disqualified from 
cSmpSeft deciding any cause or proceeding pending in their said Court, 
must be dis- they must certify the same to the Governor, who must direct a 
commission to issue to any two or three Judges of the Superior 
Court, whom he may select, and that has not performed any 
judicial duty, in the cause, empowering them in the particular 
cause stated, to exercise the powers of a Judge of the Supreme 
Court therein, as in cases of vacancy, at the time and place for 
hearing and determining the same. 
How unam- §210. A decision concurred in by three Judges cannot be re- 
Sons 3 may "be versed or materially changed, except by a full bench, and then 
reversed. ^ eY argument had, in which the decision by permission of the 
Court is expressly questioned and reviewed, and after such argu- 
ment the Court in its decision shall state distinctly whether it 
affirms, reverses or changes such decision. 

* The amended Constitution provides that the Judges of the Supreme Court shall 
be appointed by the Governor and with the advice and consent of the Senate. 



PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. ;, 1 

Article ] . — The Supreme Court and its Judges. 

_ . — . — - — — — — — ■ ■ * __. 

S 211. The Supreme Court lias authority — supreme 

m • -n ...... -,1 , , . Court has 

1. lo exercise appellate jurisdiction, and that only, and m no authority- 
case to hear facts or examine witnesses. To exercise 

. ... appellate ju- 

2. To hear and determine all causes, civil and criminal, that ruction 

3 t 7 alone. 

may come before it, and to grant judgments of affirmance or re- To hear and 
versal, or any other order, direction or decree required therein, cases that 
and if necessary to make a final disposition of the cause, but in it and to give 
the manner prescribed elsewhere in this Code. ment. 

3. To grant any writ necessary to carry out any purpose of To grant 
its organization, or to compel any inferior tribunal, or officer fore© its e 
thereof, to obey its order. 

4. To appoint its own officers, and to commission any person, To appoint 

rr . 7 ., "' r 'its own offi- 

to execute any specific order it may make. cers. 

5. To establish, amend and alter its own rules of practice, to make 
and to regulate the admission of Attorneys. tice e . s ° prac " 

6. To punish for contempt by the infliction of a fine as high to punish 
as five hundred dollars, and imprisonment not exceeding ten tempts. 
days, or both. 

7. To exercise such other powers, not contrary to the Consti- And exer- 

. . r cise all legal 

tution, as are or may be given to it by law. powers. 

§ 212. The concurrence of two of said Judges is necessary to Two Judges 

u ... must concur 

make a reversal, or to grant any order, disturbing the judgment to reverse. 
of the Court below, and when only two preside in a cause, and w |* en two 

t/ x > only preside 

they disagree as to the reversal, or as to said order, the "judgment their dis ?- „ 

«/ o 7 7 j r> greement ai- 

stands affirmed. Jirms - 

§ 213. The officers of the Supreme Court are a Clerk, a Re- Tho officers 
porter and assistants, a Sheriff and deputies. preme 

Court. 



ARTICLE II. 



THE CLERK. 



Section. I Section. 

214. His appointment and oath of office. 211. Must tax costs, &c. 

215. May appoint a deputy. 218. Who liable for costs, &c. 

216. The duties of the Clerk enumerated. 

§214. The Clerk of the Supreme Court holds his office for six m p e E nd 
years, unless removed for incapacity, improper conduct, or ne- clerk 
gleet of duty; and before entering upon his duties he must take 
an oath faithfully to discharge them, and also all other oaths 
required of civil officers. 



52 PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. 

Article 2.— The Clerk. 

May appoint §215. He may appoint one or more deputies in his discretion, 

a deputy. ° v . *.*■ L < 

under such, rules as the Court may adopt, he being responsible 
for the faithful performance of their duties; and when so ap- 
pointed their powers and duties are the same as his. 
§ 216. It is his duty — 
Must keep 1. To keep an office at the Seat of Government, in one of the 
Capitol. apartments of the Capitol, where all books, records and archives, 

and the seal of the Court shall remain. 
Must attend 2. To attend all sessions of the Court and obey all of its law- 

the Courts. M ^^ 

Must keep 3. To keep in well bound books fair and regular minutes of 
cords, &c. the Court's proceedings, a record of its judicial acts, a docket of 

its causes, and such other books as said Court may require him 

to keep. 
Must certify 4. To certify, when required, upon payment of his lawful 

records and J > 'ni /. x • r\ 

papers. fees, all minutes, records, or nles of said Court. 

Must pub- 5. To arrange the cases on the docket by circuits, and to give 

dSiu£ er ° f n °tice in one of the newspapers, printed at the place where the 

Court is to be held, twenty days previous to its session, of the 

order of arrangement. 
Must report 6. To submit to the Governor a fair statement of each crimi- 
casesto the na l pauper case, showing the items of costs, the nature of the 
Governor. cr i me charged, and the county from whence it came, under the 

seal of the Court, as a condition to a warrant in his favor for 

their payment. 
Must make %- To ma ke out a remitter of every case within ten days from 
out remit- ^iq adjournment of the Court, and to transmit it to the attorney 

of the party prevailing, together with a certificate of the amount 

of the costs, and by whom paid, which remitter shall consist of a 

copy of the judgment of the Court, as entered on the minutes, 

and nothing more. 
Must issue 8. To issue and sign all writs and processes of every description 
pr 1 oc V e r s 1 s t es and issued under the authority of the Court. 

Must admin- 9. To administer such oaths, and take such affidavits, as the 
isteroa s. ^siiiess of the Court, or the law may require. 
Must per- 10. To discharge whatever other duty may be required by 

form all oth- ., , . , -i . ( y» 

er official du- law, or necessarily appertains to his omce. 

Must tax §217. When judgment shall be pronounced in any cause, he 

charje^nly shall tax the costs thereof, item by item, which shall be entered 

rende^r 6 on the minutes at the foot of the judgment without charge. He 

shall make no charge for attaching the seal to the remitter, nor 






53 



PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. 

Article 3 — The Eeporter. 

to any precept issued by him, nor for anything but services ac- 
tually rendered, nor shall he record the bill of exceptions, or 
transcript of the records from the Court below. 

§218. Every attorney for the plaintiff in error, who argues orwhoareiia- 
presents a cause to the Supreme Court, is liable to the Clerk for 
costs, except in a pauper case. 



ARTICLE III. 



THE REPORTER. 



Section. 

219. Appointment and oath of Reporter. 

220. May appoint an assistant. 

221. Must attend Courts, &c. 



Section. 

222. Reports must not contain arguments. 

223. Penalty for failing to publish reports. 

224. Copyright reserved to the Reporter. 



§219. 
the same term. 



The Reporter of the Supreme Court holds his office for Appoint- 

x x ment and 

and on the same conditions as the Clerk, and oath of the 

1 Keporter. 

before entering on his duties, must take the same oaths. 

§220. He may, with the consent of the Court, under such rule May appoint 

° •/ ' assistant 

as they may adopt, appoint an assistant Reporter, whose duties 
are the same as the Reporter's. 
§221. It is his duty— 

1. To attend all sessions of the Supreme Court by himself, or Must attend 

. x * the Courts. 

his assistant. 

2. To publish, in good and substantial form, the decisions ofMustpub- 

. & . . . Hsh deci- 

said Court, as written out, within six months of the time of their sions. 
delivery to him. 

3. To furnish one copy of each volume of his reports to each Must fur 

x •> *- nish copies 

Judge of the Supreme Court ; one copy to the Clerk thereof, to to the state 

~ -l ' Jr «/ ' and certain 

be kept in his office ; twenty-five copies to the State, to be deliv- officers, 
ered to the State Librarian ; and a copy to each Clerk of the Su- 
perior Courts, to be kept in their offices ; for such copies he shall 
be paid by the Governor at the price of three dollars per copy. 

§222. The volumes of reports must not contain any argument, reports not 

° -t <J c> ' to contain 

or brief of counsel, beyond a statement of the points and author- JJgJJf* of 
ities. 

§223. If he fails to publish his volumes of reports within the penalty for 
time designated, he forfeits one-fourth of his salary for every ad- publish re- 

t • -i -i i -i t • i A .ii " ports as the 

ditional month's delay, unless a maiority ot the Court will certi- fawre- 

1*1 T 1 • <l uireS - 

fy that the delay was not from his fault, or of those under his 
control, and if he fails to publish and furnish them as required in 



54 



PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. 



Article 4.— The Sheriff. 



preceding section, he also forfeits one-fourth more of his salary,, 
and must be removed by the Supreme Court. 
copyright § 224. He shall have the copyright to his reports, in addition 

shall beEe- ° . rj ° L 

porter's. to his salary. 



AKTICLE IY. 

THE SHERIFF. 



Section. 

225. Sheriff shall attend Supreme Court. 

226. If he fails the Court ma}'- appoint. 



Section. 
221. Sheriffs fees in the Supreme Court, 



Duty of the 
Sheriff of the 
county 
where the 
Court is 
held. 



Court may 
appoint an 
officer. 



Sheriffs fees 
in Supreme 
Court 



§225. The Sheriff of the county wherein a session of the Su- 
preme Court is holden, or his Deputy, must attend daily the ses- 
sions thereof, obey all lawful orders, execute all lawful com- 
mands and process, and preserve order. 

§226. On failure of said Sheriff, or a lawful Deputy, to attend 
and discharge the duties required, or any part thereof, the Court 
may appoint some fit and proper person for such purpose. 

§227. He shall receive for his services the fees allowed in the 
Superior Court, for like services, and when he performs a jour- 
ney in the discharge of his duties, he is entitled to the same pay 
for mileage, as a Marshal of the Confederate States. 



CHAPTEK III. 

THE SUPERIOR COURTS AND THEIR OFFICERS. 

Article 1. The Superior Court and Judges. 
Article 2. The Clerks. 
Article 3. The Receiver. 



AETICLE I. 

THE SUPERIOR COURT AND ITS JUDGES. 

Section. 



Section. 

228. Election and official term of Judges. 

229. Their oath of office. 

230. Vacancies — how filled. 

231. Time of election. 

232. Judges elected to fill vacancies. 

233. No special election — when. 

234. Who are eligible to Judgeship. 

235. Shall not practice law. 

236. Shall not be deprived of his office. 
23*7. Must hold Court twice a year. 
238. His jurisdiction. 



239. Duties of the Judge. 

240. Shall deliver his charge in writing. 

241. Such charge shall be filed. 

242. Jurisdiction of the Superior Courts. 

243. Powers enumerated. 

244. When the Judge is absent. 

245. Can only exercise powers granted. 

246. When the Judge is disqualified. 
24*7. May be impeached. 

248. Perform no Judicial act out of State. 



PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 55 

— ■ -— * — — - — 

Article 1. — The Superior Court and its Judges. 



§228. Judges of the Superior Courts are elected by the peo- Election and 

° & an i official term 

pie, of and for each Judicial Circuit, m the manner, and at the of the 
time hereinafter prescribed, and hold their offices for four years, 
unless sooner removed in the manner prescribed by the Consti- 
tution. 

§229. Before entering on the duties of their office, they must Their oath. 
take the oath required of all civil officers, and in addition the 
following, viz : 

" I swear that I will administer justice without respect to per- 
sons, and do equal rights to the poor and the rich, and that I 
will faithfully and impartially discharge and perform all the du- 
ties incumbent on me as Judge of the Superior Court of this 
State, according to the best of my ability and understanding, 
and agreeable to the laws and Constitution of this State, and the 
Constitution of the Confederate States. So help me God." 

§230. When a vacancy occurs, (or from some cause there is a J^JJ 1 ^ - 
failure to elect,) the Governor shall appoint some qualified per- 
son to fill such vacancy, and shall order a special election. 

§231. Such election shall be held on the first Wednesday inTimeofeiec- 

-r ... tion. 

January next thereafter : Provided, there is time for the Gover- 
nor's proclamation of such election to be advertised for as much 
as thirty days preceding said day. 

§232. Judges thus elected hold their offices for a full term of Judges 

, . elected to 

lour years, and must be by the Governor so commissioned. fin a vacan- 

§233. If, at the time a vacancy occurs, the unexpired time of Tn .eap- 

u 7 « ' x pomteo 

the (former) incumbent does not exceed twelve months, the per- h °i ds wi . t]l - 

\ ' " J- out an elec- 

son appointed holds his office for the unexpired term, and there tion - 
shall be no special election. 

§ 234. No person is eligible to such Judgeship who shall not JJJJ° a ™ gj* 
have been a resident citizen of this State for ten years, just pre- Judgeship, 
ceding his election or appointment, and who shall not have been 
an inhabitant in the Circuit over which he is to preside, for at 
least one year next preceding the said time, and who shall not 
have been duly admitted and licensed to plead and practice in 
the Superior Courts of this State at least five years prior to the 
same. 

§235. Such Judges are prohibited from practicing law in any j udge s shall 
of the Courts of this State between the times of their election f a w. pra 
and qualification, but they may practice until their qualification 
in any case in which they may have been actually employed be- 
fore their election, and they are also prohibited from practicing 



56 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 

Article 1. — The Superior Court and its Judges. 

as attorneys, proctors, or solicitors, in the district or Circuit Courts 
of the Confederate States, after their election, or while in com- 
mission. 
Attaching § 236. A person having; been appointed or elected a Judge of 

the county of ° x . 

his residence an y Circuit cannot be deprived of his office by attaching the 

to another ^ -»■ > <J o 

circuitdoes CO unty in which he resides to a different Judicial Circuit, but 

not oust him J ' 

from office. } ie continues to discharge its duties as though he resided in the 

Circuit. 
Must hold § 237. Said Judges must hold the Superior Courts of each Cir- 
each county cuit at the county site and Court House (if any) of each county, 

of his Circuit , . , '. . , J 

twice a year. r other place therein designated by law, twice each year, at such 
times as is now or may be prescribed by the General Assembly. 

jurisdiction § 238. The jurisdiction of the Judges of the Superior Courts 

wtth the 1V is co-extensive with the limits of this State, but they are not 
compelled to alternate unless required by law. 

Duties of § 239. Each of said Judges shall discharge all the duties re- 
quired of him by the Constitution and laws, for the Circuit for 
which he was elected or appointed, although he may hold Courts 
in other Circuits, and may also exercise other judicial functions 
for them when permitted by law. 

Written § 240. The Judges of the Superior Courts of this State, shall, 

certain eases in all cases of felony, and on the final, or appeal trial of all civil 
cases tried before them, give their charges to the jury in writing; 
that is to say, shall write out their charges and read the same to 
the jury, when the counsel for either party shall require them to 
do so ; and that it shall be error for such Judge to give any other 
or additional charge than that so written out and read. 

Shall be m- §241. The charge so written out and read, as aforesaid, shall 

ed. 

be filed with the Clerk of the Court in which the same was giv- 
en, and shall be accessible to all persons interested in the same; 
and the Clerk shall give certified copies thereof to . any per- 
son applying for the same, upon the payment of the usual fee. 
§ 242. The Superior Courts have authority — 
ofSoperiop 1- To exercise original, exclusive or concurrent jurisdiction (as 
§^i rt and the case may be) of all causes, both civil and criminal, granted 

criminal ca- ^ ^^ ^ ^ Q onst i tut i an an( } l aws . 

E owera ble & To exercise the powers of a Court of Equity. 
SaTs^om" 3. To exercise appellate jurisdiction in all cases tried by a ju- 
c n ourts, r &c. rv m tne Inferior Court, and from judgments of the Ordinary. 
JSSrs of In- 4. To exercise a general supervision over all inferior tribunals, 
and to review and correct in the manner prescribed by law, the 



ferior tribu 
nals. 



PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 57 

Article 1. — The Superior Courts and its Judges. 

judgments of the Justices of the Inferior Court, the Justices of 
the Peace, Corporation Courts or Councils, or any inferior judica- 
ture, or any person exercising judicial powers, and of the Ordi- 
nary, except in cases touching the probate wills and the granting 
of letters of Administration, when there must be a special jury 
empanelled. 

5. To punish contempt by fines not exceeding two hundred May punish 
.dollars, and by imprisonment not exceeding twenty days. tempts. 

6. To exercise such other powers, not contrary to the Consti- May exer- 
tution, as are or may be given to such Courts by law. legal powers 

§ 243. The Judges of the Superior Courts have authority — judges may 

1. To grant for their respective Circuits writs of certiorari, su-lTcertiord- 
jpersedeas, quo warranto mandamus, habeas corpus, and bails in dlas,&£' 

actions ex-delicto. 

2. To grant bills quia-timet, writs of injunction, prohibition, Jj a y 8«n* 
and me-exeat. mef > <&c - 

3. To grant all other writs, original or remedial, either in law May grant 

-, i . p , . . . . other writs. 

<or equity, that may be necessary to the exercise of their jurisdic- 
tion, which is not expressly prohibited. 

4. To hear and determine questions arising upon writs of ha- May hear & 

x o j. determine 

heas corpus or bail, when properly brought before them; all mo- "-turns to 

a x , j. t/ o habeas cor- 

"tions to grant, revive, or dissolve injunction, to give new security w. motions 

~ ' J o •'to dissolve 

•or lessen the amount of bail, and to perform any and all other injunctions, 
.acts required of them at Chambers. 



5. To administer oaths and to exercise all other powers neces- ?*ay 

f ister 



admin- 
oaths. 



sarily appertaining to their jurisdictions, or which may be grant- 
ed them by law. 

§ 244. The authority granted in the preceding section to each when judge 
v " ~ . • 1S aDsent 

Judge in his own Circuit, may be exercised by any Judge of an- from mscst- 

other Circuit, whenever the resident Judge is absent from the qualified an- 

> <-> other Judge 

Circuit so that the business cannot be done as speedily as neces- may exer- 

-L ■ v cise power 

! sary, or is indisposed, or interested, or is laboring under any dis- therein - 
I qualification, or inability to serve, or in case the Circuit should 
| be, from any cause, without a Judge. The authority when thus 
j exercised should show the grounds. 

§ 245. Said Judges cannot exercise any power out of term time, J™° e ^; 
• except the authority is expressly granted, but they may, by order oufftTrn 

granted in term, render a judgment in vacation. 

§ 246.. When from any cause the Judge of the Superior Court 
! is disqualified from presiding, he shall procure the services of a 

Judge .of another Circuit to try said cause, if he has to appoint 



time. 



58 



PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 



Article 1. — The Superior Court and its Judges. 



wkenjud|e an adjourned term for that purpose. If the parties litigant cori- 
obtafnth? sen ^ thereto and select any attorney practicing in the Court to 
another ° f P res ide m such a case, the Judge shall have such consent entered 
ft u tofney r m on the minutes, and the attorney so selected shall exercise all the 
b^coEnt? functions of Judge in that case. 

May be im- § 247. If any Judge does not comply with the provisions of the 

preceding section, within a reasonable time, when it is in his 

power to do so, it is a ground of impeachment. 

can perform § 248. No Judge of the Superior Courts shall have authority 

act out of to perform any judicial act required of him by haw, when beyond 

the State. _ . . ... . „ . . ~ 

the jurisdiction ot this fetate. 



AKTICLE II. 



THE CLERKS OF THE SUPERIOR COURTS. 



Section". 

249. Election of Clerk Superior Court. 

250. Cannot practice law. 

251. Vacancy — how filled. 

252. Eleoted to fill a vacancy. 

253. In case of a tie, &c. 

254. An appointment must be made. 

255. Who may act. 

256. Appointee may hold to end of term. 
25*7. Judge may appoint in certain cases. 

258. How long such appointee may hold. 

259. Oath of Clerk of Superior Court. 



Section. 

260. Must give bond and security.. 

261. May appoint deputies. 

262. The plan for the office — duties. 

263. Powers of the C'-erk, &c. 

264. Penalty for a failure of duty. 

265. Clerk subject to rule. 

266. Subject after retiring from office. 
261. How removed from office. 

268. His office subject to be examined. 

269. Pay when not otherwise provided. 

270. Proceedings if pay is refused. 



Clerk cannot 
practice law. 



Election of § 249. The Clerks of the Superior Courts are elected for the 
rior r courfc. e term of two years, and are elegible during the same time to be 
also Clerks of the Inferior Courts. 

§ 250. ISTo person is elegible to the office of Clerk, or to per- 
form any official duty as such, who, while in such capacity, prac- 
tices law in his own name or another's, as a partner or otherwise, 
in any Court of law or' equity in this State, except in his own 
case, 
vacanc — §^51. If a vacancy occurs, (or will shortly,) any two or more 
howsupp-ii- J ns tices of the Inferior Court of the county where it happens 
shall give notice in one or more of the public gazettes of said 
county (if any,) and at the Court House, and at three or more of 
the most public places of said county, twenty days previous to 
. the day of election, which shall be appointed by them. 






PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 50 

Article 2. — The Clerks of the Superior Courts. 

^ . » 

§252. The person elected on said day shall hold his office for one elected 

'/»■,. nn to nU :l v: ''~ 

the unexpired term of his predecessor. The returns of the elec- cancy _»oids 

x x m only the un- 

tion must be made to the Governor, who must commission him. expired term 
§253. Should any two or more candidates at an election to fill J? •_•£__■ 

o •/ tie a Clerk is 

said vacancy, or at a regular election, have the highest, and an^pj| ^ d 
equal number of votes, said Justices shall appoint and advertise f^ m or " 
another election in the manner prescribed in the preceding sec- 
tions, and so do until a choice is made. 

§ 254. As soon as a vacancy occurs, or in anticipation of it, said until an 

° m . . election is 

Justices, or a maiority of them in commission, must meet ancUadacierk 

7 ti : t/ must be ap- 

appoint some qualified person to discharge the duties of Clerk pointed. 
until the vacancy is filled. 

§255. If from any sudden emergency there is a vacancy, andcierkofin- 

• . . -i. , -i t -i i ™ i n i t n • At .ferior Court 

it is not immediately supplied, the Clerk ol the Interior Court may act as 

t i ii ■ n i ™ i m • • n Clerk of Su- 

must discharge the duties oi such Clerk until one is appointed, perior court 

I , ~, in an emcr- 

and in case the vacancy occurs at the same time in both offices, gency,andif 

^ both be va- 

the Ordinary, or his Clerk shall thus act.' cant, &c 

§ 256. When a vacancy occurs, and it is not more than six if only six 
months from the time the election can be appointed by said unexpired 
Justices and held, until the existing term will expire, the person pointeo to 

till vacancv 

or persons appointed shall discharge the duties of the office for holds out the 
the balance of the term, and there shall be no special election. 

§ 257. If there is a vacancy, or the Clerk and his deputy for ^ d s® ™ ay 
any reason do not act as Clerk at the time provided by law £ 1 i e ri rk c ] n e s er " 
for holding any of said Superior Courts, the presiding Judge 
thereof shall appoint a Clerk, who holds his office during the 
term, and for ten days thereafter, and any act he does, during 
said time, that the Clerk could have done, is valid. 

§258. If by the expiration of said time there is no one else to pjjf_^' may 
act as Clerk, said last mentioned appointee may continue as such ^t^ 11 
until there is an appointment or election, and any appointee or 
other person lawfully discharging said duties, shall continue to 
do so until there is an election and qualification. 

§259. The Clerks, before entering upon the discharge of their gjjjj. ^ Su _ 
duties, whether appointed, elected, or such by operation of law, P ariorCourt - 
must, besides the oath required of all civil officers (unless already . 
taken) take and subscribe to the following oath : 

" I do swear that I will truly and faithfully enter and record 
all the orders, decrees, judgments, and other proceedings of the 

Superior Court of the county of , and all other matters 

and things which by law ought by me to be recorded ; and that 



60 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 

Article 2. — The Clerks of the Superior Courts. 

I will faithfully and impartially discharge and perform all the 
duties required of me to the best of my understanding. So help 
me God." 
Appointees When said oath is taken by the Clerks of the Inferior Court, 
shipmusT the Ordinaries, or their deputies acting in a certain contingency 
g ?vebond. c as Clerks of the Superior Court, they may take it before any 
person authorized to administer an oath, and enter it on the 
minutes of the Superior Court. 
Must give §260. They shall also at the same time (except those appointed 
by the Judges of the Superior Courts, and those so by operation 
of law,) execute a bond in the sum of three thousand dollars 
with good security. 
cierks of Su- §261. They shall have the power to appoint a deputy, or de- 
may appoint puties, and may require from them bonds with good security; 
must take who shall take the same oath as the Clerks do before entering 
give bond, upon the discharge of their duties, and whose powers and duties 
are the same as long as the principal continues in office, and not 
longer, for the faithful performance of which they and their se- 
curities are bound. 

262. It is the duty of the Clerks of the Superior Court 



where office 1. To keep their offices, and all things belonging thereto, at 

kept the county site, and at the Court House, unless impracticable 

from any cause, when by special permission of the Justices of 

the Inferior Court it may be kept at some other designated 

place, not more than one mile therefrom, of which public notice 

must be given. 

attend'com-t ?' ^° a ttend a ^ sessions of the Courts, and keep fair and 

minutelf* in- re gpi ar minutes of their proceedings from day to day, including 

tries"! en a transcript of the Judge's entry on his dockets, when not more 

docket folly shown in a book kept for that purpose. 

Must issue & To issue and sign (and attach seals thereto when necessary) 

an°kinds! of every summons, subpoena, writ, execution, process, or order, or 

other paper under the authority of the Court. 
Must keep 4. To keep in Court, convenient of access, the following 
dockets as dockets, to wit : A Common Law docket of civil cases, in which 

follows: ' ' 

common must be entered by the appearance term the names oi the par- 

Xiftw docket. 

ties and attorneys, the nature of the action, and the Sheriff's 
Equity return. An Appeal docket, and an Equity docket, in which 
must be entered all the cases to the respective terms, to which 
they are returned or stand for trial, together with other entries, 
as in the case of the Common Law docket. 






PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 61 

Article 2. — The Clerks of the Superior Courts. 



A claim docket, a certiorari and an illegality docket in the Claim 

.-,-,,. .. -.-, . , docket. 

same manner. A motion docket tor entering all motions to be Motion 
submitted to the Court, showing the nature of the motion, and 
the parties, and attorneys thereto. 

A subpoena docket, for civil cases, and one for criminal cases, subpoena 

x •i'ii dockets. 

in which must be entered the case in which the subpoena issues, 
the date, the name of the witness, for whom issued, and to whom 
delivered, and any return of the Sheriff thereon. 

In the former must be likewise entered, and in the same man- criminal 

•itt docket. 

ner, the issuing of commissions. A trial docket of criminal 
cases, in which must be entered all the criminal cases in the 
order the indictments are found, the nature of the offence, and 
the attorneys for the defence. 

A docket in which must be entered all criminal cases which A docket of 

criminal 

have been on the criminal docket for as much as five years with-™ 8 ? 8 , 111 ., 

*> which there 

out any existing arrest, and which must be inspected by the j.^™ o arrest 
Court, at least once every year, that if necessary, any case may>' ears - 
be re-transferred to the criminal docket. 

Execution docket, and enter therein the names of plaintiffs, Execution 
their attorney, and the defendants, the amount of principal and 
interest, and costs; the date, the term to which returnable, to 
whom and when delivered, and by whom, and when returned, 
and an entry of satisfaction or nulla bona, as the case may be, 
with the dates thereof. 

Duplicates of the common law appeal and criminal dockets, copy dock- 

ets for the 

one for the use of the bench, the other for the use of the bar, in Bar. 
which last must be copied from term to term all the entries made 
in the former. All appeal cases must be entered on the same ap- 
peal docket in the order they are entered on the minutes, and 
from the Inferior Court in the same order and at the time re- 
ceived. Divorce case3 are first to be entered on the equity 
docket, and after one trial are to be entered on the appeal docket 
in their proper order from the minutes. 

5. To record in well bound books, within six months after the Must keep 
final determination of any civil suit, all the proceedings relating civil suits. 
thereto. 

6. To keep well bound books for recording all deeds, mort- Must kocp 
gages, and other liens and bills of sale separately. d e c C e° d r s d of 

7. To have properly stamped and labelled, and numbered or Must label 

I lettered if required, all the books herein enumerated, and to the books of 
| keep for each, (except the dockets called by the Court,) a proper 



62 PT. I.— TIT. 5.— CHAP. 3.— Judicial Department. 

Article 2. — The Clerks of the Superior Courts. 

index, and to supply any of said books or indexes needed, and 
to transcribe the contents of any books of record which may be 
in a dilapidated condition. 
serve E~ ^ m ^° keep all the books, papers, dockets and records, belong- 
to beof° M * n & ^° their office, with care and security, and the papers filed, 
fnS refer arranged, numbered and labelled, so as to be of easy reference. 
Must pre- 9. To procure and preserve for public inspection a complete 

serve and *■ x x x r 

have bound, n i e f a n newspapers, in which their advertisements appear, and 

newspapers, r r i rr ? 

IdvlSs. 110 nave them bound in volumes of suitable size to be deposited 

and kept with their other records. 
Must keep 10. To keep at their offices all publications of the laws of the 
ces aii books Confederate States furnished by the Governor, and the Laws 

"ind. docu~ 

ments dis- a nd Journals of this State, all Statute Laws, Digests, this Code, 

tributed, for ' ' & ' ' 

public con- the Supreme Court Reports, and all other Law Books, or other 

venience. x . ., . 

public documents distributed to them for the public con- 
venience. 
Must keep 11. To procure within thirty days after their qualification (if 
seal. not already done) a substantial seal of office with the name of 

the Court and County inscribed thereon. 
Must certify 4®- To make out and deliver to any applicant, upon payment 
copies of pa- Q; p j^q f ees ^ a correc t transcript properly certified, of any 

minute, record, or file of their office. 
Must make 13. To make out transcripts of the record of all cases for the 

out records 

for supreme Supreme Court as the laws require. 

Court L L 

Must make 14. To make a minute on all conveyances or liens, of the day 
recorVo? left for record, .and the day recorded, to be signed officially, 
attest 1 deeds which shall be evidence thereof, and to attest deeds and other 
tion. ° L written instruments for registration. 
Must admin- 15. To administer all oaths, during term time, required by the 

ister oaths. ^ . 

Court, and to record all oaths required by law. 
Mustdooth- 16. To perform such other duties as are, or may be required 

er duties of , , .-i . . . n ■ rn 

office. by law, or as necessarily appertain to their onices. 

§ 263. The Clerks of said Courts have authority — 
May admin- itt^ To administer oaths, and take affidavits in all cases permitted 

ister oaths "~*~ > r 

by law. by ] aw? or where the authority is not confined to some other of- 
ficer. # 
May receive 2. To receive the amounts of all costs due in the Court of which 

co s t s due 

they are Clerks, and other sums whenever required to do so by 
law, or order of the Judge, and not otherwise. 
Mayadver- 3 # To advertise under the same rules and restrictions as Slier- 

tise. 

iffs. 



PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 03 



Article 2. — The Clerks of the Superior Courts. 



4. To exercise such other powers as are, or may be conferred May exer- 
cise other le- 

upon them by law. g*i powers. 

§264. Any such Clerk failing to perform any duty, or to exer- Penalty for 
cise any authority, when required, set forth in the two preceding duty. 
sections, is subject to be fined for each offence, by the presiding 
Judge, during term time, as for a contempt, on information of 
any party aggrieved, of which he shall have notice in writing. 

§265. If any of such Clerks receive any money on any suit orcierksub- 

icct to rule 

judgment from their Courts, or otherwise, and do not faithfully 
account for it, they are liable to rule as Sheriffs are, and they 
and their sureties are likewise liable on their official bonds. 

§266. They are subject to the rule and order of their respec- subject to 

rule Jifter out 

tive Courts, after their retirement from office, as Sheriffs are. of office. 
§267. They are subject to be removed from office by the Judge Maybere- 

« i • t A <• ro • .-.,.. . moved from 

of the said Court, tor any surricient cause, including incapacity or office. 
misbehavior in office, charges for which must be exhibited to the 
Court in writing, and the facts tried by a special jury, such Clerk 
being entitled to a copy of the charges three days before trial. 

§268. Their offices are subiect to an examination by the Grand cork's office 

... subject to 

Juries, their Committees, or any person whom they may espe- examination 
cially empower, to report to the same, or a succeeding Grand g«y ®F 
Jury, or to the Judge of the Superior Court, who shall submit, 
in w r riting, the condition of said offices, and specify any neglect 
of duty, or anything done wrongly or corruptly by such Clerks. 

§269. For any services rendered, or expenses incurred, legally compensa- 

° J ' J- J o ■ i/ tion when 

by said Clerks for their offices, where no pay is specially pro- n JJJJJ*; 
vided, they must be paid out of the County Treasury by or- 
der of the Justices of the Inferior Court, after examining and 
passing upon their accounts and vouchers, and finding them cor- 
rect and reasonable. 

§ 270. If said Justices refuse to allow, and order such accounts when infe- 
paid, said Clerks may apply for and obtain a mandamus from refuse to al- 
ike Judge of the Superior Court, who shall hear and determine mandamus 
the questions, and submit any disputed fact to a sj)ecial jury. 



AETICLE III. 

THE RECEIVER. 



Section. 
2*71. Receiver may be appointed — when. 
272. Funds invested pending litigation. 
213. Duties and liabilities of Receiver. 



Section. 

274. Receiver required to give bond. 

275. Receivers of Banks, &c. 



64: PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 

Article 3. — The Receiver. 

Eeceiver §271. "When any fund or property may be in litigation, and 

maybeap- , . , » VV ' , . , . „ 

pointed, and the rights of either or both parties cannot be otherwise fully pro- 
is an officer ° x ,J J - 

oftne supe-tected, or when there may be a fund or property having no one 

nor Court. J *- x J ° 

to manage it, a Receiver of the same may be appointed (on a 
proper case made) by the Judge of the Superior Court, having 
jurisdiction thereof, either in term time or vacation, and such Re- 
ceiver is an officer of said Court. 
Pending a § 272. The presiding Judge, in his discretion, under the law, 

litigation, ° r p ° „ -^ . 

the fund may order any fund in the hands of a Receiver, or any other of- 

may be in- *'■.*' . 

vested in ncer f Court, awaiting the determination of a protracted litiga- 

State bonds. ' fe r & 

tion, to be invested in State bonds, as Executors and Adminis- 
trators are authorized to do. 
Duty and n- §273. The Receivers so appointed must discharge their trust 
Eeceiver. according to the order or decree of the Courts appointing them, 
and are at all times subject to their orders, and may be brought 
to account and removed at their pleasure, 
judge may §274. The Judges of the Superior Courts may, in their discre- 

require Ee- . . i -r» • i i -i • • i p i 

ceiverto tion, require such Receivers to give bonds conditioned tor the 
faithful discharge of the trust reposed, and if they require them, 
they must fix the amount and the sufficiency of the security, and 
also regulate their compensation. 

Eeceiversof §275. Receivers of Banks, or other corporations hereafter ap- 

corporations , , , , -. -. , 

must make pointed by any power, are amenable to, and must make their re- 
perior turns to the Superior Court of the county where they reside at 
the time of the appointment. 



CHAPTER IV. 

THE INFERIOR COURT— ITS JUSTICES AND CLERKS. 
Article 1. The Inferior Court and its Justices. 
Article 2. The Clerk. 



ARTICLE I. 

THE INFERIOR COURT AND ITS JUSTICES. 



Section. 

276. Election, oath and official term. 

277. Vacancies — how filled. 

278. Vacancies need not be filled — when. 

279. Persons elected to fill vacancies. 

280. Persons eligible. 

281. Number necessary to hold Court. 



Section. 

282. When Justices are equally divided. 

283. Their disability, privilege, &c. 

284. When a majority are interested. 

285. Jurisdiction in civil cases. 

286. In relation to county property, etc. 

287. Other powers and duties of Court. 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 65 



Article 1. — Tlio Inferior Court and its Justices. 



§276. The presiding officers of the Inferior Court consist of Number, 

five persons, styled the " Justices of the Inferior Court," who are flciai term 

elected by the people oi their respective counties, at the times, Justices of 
i • -ii i I tho Int *° ri01 * 

and in the manner hereinafter prescribed, and who hold their of- Court. 

fices for four years, unless sooner removed in the manner pre- 
scribed by the Constitution. Before entering on the duties of 
their office, they must take the oaths required of all civil officers, 
and in addition the oath taken by the Judges of the Superior 
Courts. 

§ 277. When a vacancy occurs, any two or more of said Jus- vacancies— 
tices, and one, if only one m the county qualifies, and it not one, 
then the Ordinary of the County shall order an election as pre- 
scribed in the case of a vacancy in the Clerkship of the Superior 
Court. 

§278. If there are as many as three of said Justices in com- if as many 
mission, and in the discharge of their duties, and the vacancy tices, 1 and 

Vicryl] 'ij* g1GC~ 

takes place not exceeding eight months prior to the next regular tio°n only s 
election for such Justices, there must not be any special election. 

.§279. The persons elected to fill the vacancy, are commis- Those elect- 
sioned for the unexpired terms of the outgoing Justices, and hold cancies. 
their offices accordingly. 

§280. No person is eligible to such Justiceship, unless he has who are en- 
been a resident citizen of the county in which he is to preside for gl e " 
at least one year next preceding his qualification. Persons elected 
Justices of such Court, cannot practice law therein, directly nor Jjf^JJ^" 
indirectly. lftw - 

§281. Not less than three of such Justices can hold a Court, what num- 
and when three preside it requires the concurrence of two to court and 
make a judgment. When more than three preside, there must tions. c 
be a concurrence of three. 

§282. When four of said Justices preside, and are equally di- When equal . 
vided in their opinions, the question or case on which it arises opfnion^he 1 
must be postponed until the fifth Justice can preside, or until the ^ e r stands 
next term of the Court. 

§283. They are disqualified from holding any other county Their aisa- 
office, but are eligible as members of the General Assembly, toie^esW 

.-!., nry t r> • -t • t exemptions. 

military omces, and are exempt irom jury, militia, and patrol 
duty. 

§284. Suits cannot be entertained by such Justices where a S-McixT ma- 
majority of their number are interested, and in such, and in aU^Kgo 1 " 
eases, where such majority are disqualified, suits must be brought l^com?. 6 " 



66 PT. 1.— TIT. 5.— CHAP. 4— Judicial Depab 



TMENT. 



Article 1. — The Inferior Court and its Justices. 



in the Superior Court, but if brought before said Justices they 
do not abate, arid there may be an appeal to the Superior Court 
as in other cases. 

fudynca^s §285. The Inferior Courts have authority— 

1. To exercise jurisdiction concurrent with the Superior Court 

in all civil cases, except those respecting titles to land and those 

requiring equity jurisdiction or equity proceedings. 

May change 2. To exercise concurrent -jurisdiction with said Court like- 
names, legit- « 

sonsamT" w * se ? m changing names, legitimating persons and granting cer- 
porations° r " W n incorporations ; in establishing copies of lost documents, in 

compelling the production of books or other writings, and in other 

cases when in like manner conferred. 
Powers— 3 # To exercise within their jurisdiction all the power and au- 

how rcgula- /-* 

tod - thority granted to the Superior Courts, and to be governed by 

the same rules whenever applicable. 
Extent of ju- 4. To exercise jurisdiction in all cases or matters granted to 
nsdiction. £} iem specially, and which do not, by the Constitution, belong to 

some other tribunal exclusively. 
May punish 5. To punish for contempt by fines not exceeding fifty dollars, 

contempts. . t n ^ 

or imprisonment not exceeding nve days. 
Exclusive R 286. To exercise original and exclusive jurisdiction, when sit- 

jurisdiction. f ° . ° < . 

ting for county purposes, over the following subject matters, viz: 
As to coun- 1. In directing and controlling all the property of the county 
,y propci . ^ tn e y may deem expedient according to law. 
as to county 2. In levying a general tax for general, and a special tax for 

particular, county purposes, according to the provisions of this 

Code. 
As to Eoads, 3. In establishing, altering, or abolishing all roads, bridges and 

Bridges, and <> • r 

Femes. ferries in conformity to law. 

As to chang- 4. Iii establishing and changing election precincts and militia 

ing election . 
precincts. districts. 

Astovacan- 5. In supplying by appointment all vacancies in county offices. 

ciesincoun- -, . i • . _cn li 

ty offices, and in ordering elections to nil tnem. 

As to claims 6. In examining, settling, and allowing all claims against the 

against the 

county. COlinty. 

As to ac- Y. In examining and auditing the accounts of all officers hav- 

nanciai ing the care, management, keeping collection or disbursement of 
oers. money belonging to the county, or appropriated for its use and 

benefit, and in bringing them to a settlement. 
As to the 8. In making such rules and regulations for the support of the 
county poor. or £ | ne coim ty 5 for county police and patrol, for the promo- 



PT. 1.— TIT. 5.— CHAP. 4.-^Jui)ictal Department. r,7 



Article 1. — The Inferior Court and its Justices. 

tion of health and quarantine, as are granted by law, or not in- 
consistent therewith. 

9. In regulating peddling and fixing the costs of license there- a« to p«d- 

dling. 

tor. 

§ 287. The Justices of the Inferior Court have authority, viz : Justices 

1. To issue and determine on writs of habeas corpus in the ab- and decide 
sence of the Judge oi the bupenor Court. pva. 

2. To issue attachments returnable to the Superior, Inferior, May issue 
or Justices Courts, to grant orders for the foreclosure of Mortgages Foreclose 
on personal property, and for bail inactions ex delicto, and to on personal 
hear and determine upon questions of possession of personal grant y^k in 

| XXX su jj. g ex tf^ 

property. ucto, &c 

3. To exercise separately the same powers in all criminal mat- May hear 
ters, as are by law vested in Justices of the Peace, with the con- warrants, 
dition that in all capital cases three must preside on the commit- 
ting trial. 

4. To sit at any time as a Court for county purposes, and for May sit at 

.« -r . . any time for 

the exercise of any power they possess as J ustices, as a quasi county pur- 
corporation, contradistinguished from their power as a Court. 

5. To appoint any person to discharge any trust authorized by^ a / a PP° int 
their powers, where no other person is designated by law, and to 
regulate his compensation, and to take bond and security. 

6. To attest deeds and other written instruments for register. Attest deeds 

7. To approve of all official bonds required of them by law Approve 

official bonds 

and sent them by the Governor with the dedimus, to qualify 
such officers and to deliver them their commissions. 

8. To act as members of the Board of Education of their re- M ayactas 

, . . • Board of 

SpectlVe COUntieS. Education, 

9. To exercise such other powers as are granted by law or are and exercise 
indispensable to their jurisdiction. ers. 



AKTICLE II. 



THE CLERKS OF THE INFERIOR COURTS. 



Section. 

288. Election, qualification, Sec. 

289. Vacancies — how filled. 

290. Oath, bond, &c. 



Section. 

291. May appoint a deputy. 

292. Duties enumerated. 

293. His compensation m certain cases. 



§ 288. The Clerks of the Inferior Courts are elected, qualified, gSSftf 
commissioned, hold their offices and are removed as the Clerks of lce ' 
the Superior Courts are. 



68 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 



Article 2. — The Clerks of the Inferior Courts. 



Vacancies— S 289. Vacancies are supplied as they are in the offices of the 

how filled. /. . X J . 

1 Clerks ot the Superior Courts, except that the Justices of the In- 
ferior Courts appoint in the particular cases where the Judges of 
the Superior Courts appoint, and where the contingency hap- 
pens mentioned in section number 255, the duties devolve upon 
the Clerks of the Superior Courts, if any, and if none, then as 
provided for in said section. 

§ 290. The Clerks of the Inferior Courts take the same oaths 
and give the same bond as the Clerks of the Superior Courts, and 
are removable in the same manner. 

§291. They may appoint deputies and require bonds of them 



Oath, bond, 
&c» 



Duties of 
Clerk : 

To attend 
Court, 



Give notice 
of special 
sessions, 



Keep, dock- 
ets and other 
books, 



May appoint 

epu J ' and are otherwise under the same disabilities — are subject to the 
same rules and regulations, and must perform the same duties as 
the Clerks of the Superior Courts do for their Courts, whenever 
applicable to the Inferior Court and there is no provision to the 
contrary. 

§ 292. In addition, it is their duty — 

1. To attend all sessions of said Court, and all sessions of said 
Justices on county business and keep fair and regular minutes of 
their proceedings. 

2. Upon the request of any one of them, to notify the Justices 
of the Inferior Court of the time and cause of every special ses- 
sion. 

3. To keep all the dockets, books, indexes and files required of 
the Clerks of the Superior Courts (except the equity, appeal, 
criminal and certiorari dockets, and the books for the record of 
deeds, mortgages, and bills of sale) and in the same manner. 

To keep 4. To keep a well bound book, in which must be entered a 

books of offi- tit p ro 

ciai bonds, copy of the bonds oi county omcers. 

Book of con- 5. To keep other books, in which must be kept the records of 
all constables bonds, and in the other the oaths and bonds of all 
persons who obtain permission to sell spirituous liquors. 

6. To keep a book for entering marks, brands and estrays, and 
a book for the registry of the names, descriptions and oaths of 
licensed peddlers. 

7. To enter on the minutes the items of all accounts allowed 
by the Justices of the Inferior Court, as well as the order for 
their payment. 

To keep ac- 8. To keep a book in which shall be entered all sums received 
monfefre- D y them on account of the county and paid to the Treasurer, 
c Sd e o i ut, nd and for what special fund, if any. 



stables and 
retailers 
bonds and 
oaths. 

To keep 
book of 
marks and 
brands, 



To enter all 
accounts al- 
lowed, 



PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 



69 



Article 2. — The Clerks of the Inferior Courts. 



9. To transmit to. the Clerk of the Superior Courts, all appeal, J° ) [™ 1 " smit 
certiorari, and other papers of which the Superior Court obtains 
jurisdiction. 

10. To perform such other duties as are or may be required of other du- 
them by law, or as are indispensable to those required. 

§293. For the services they are required to perform for the compcnsa- 

w ) " > . tion for cer- 

Justices of the Inferior Court on account of their counties, for tain servi - 

7 ces. 

which no fees are specially provided, they shall receive an annu- 
al salary to be fixed by such Justices at the close of each year, to 
be regulated by the services performed and the means of the 
county, which shall be not less than fifty nor more than two hun- 
dred dollars. 



CHAPTEK V. 

ORDINARIES. 

Article 1. The Ordinaries and their Courts. 

Article 2. The Ordinaries as Clerks. 

Article 3. The Ordinaries as School Commissioners, &c. 



AKTICLE I. 



THE ORDINARIES AND THEIR COURTS. 



Section. 

294. Name and style of the Ordinary. 

295. His election and term of office. 

296. His oath of office. 

297. His bond. 

298. Yacancies — how filled. 

299. Ordinaries elected to fill vacancies. 

300. Must complete unfinished business. 

301. When Ordinary is disqualified. 

302. Eligibility & disabilities of Ordinary. 

303. His trust as Executor, Adm'r., &c. 



Section. 

304. Who takes Administration. 

305. Where Ordinary's office must be kept. 

306. Jurisdiction & powers of his Court. 

307. May punish for contempt, &c. 

308. May grant Administration — when. 

309. Administration in certain cases. 

310. Must report estates unrepresented. 

311. Failing to account as Executors, &c. 

312. Cannot practice law in his own Court. 



ihe Court established pursuant to the amended Coiisti-^ne and 

style of Or- 



§294. ' 
tution, approved the second time December 5th, 1851, has thej|™r u ™ d 
name and style of the Court of Ordinary, and the incumbent 
thereof has the name and style of the Ordinary. 

§295. The Ordinaries are elected by the people of their re- Election and 

.... . -. . ■, . ■, -I.-/. termof off- 

speetive counties, at the time and m the manner hereinafter pre- ice. 
scribed, who hold their offices for four years, unless sooner re- 
moved in the manner prescribed by law. 



70 PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 

Article 1. — The Ordinaries and their Courts. 



oath. § 296. Before entering on the duties of their offices they must 
take and file the oaths required of all civil officers, and in addi- 
tion, the following oath: "I do swear that I will well and faith- 
fully discharge the duties of Ordinary for the county of dur- 
ing my continuance in office according to law, to the best of my 
knowledge and ability, without favor or affection to any party, 
and that I will only receive my legal fees. So help me God." 

Bond. § ^97. They must also give bond and surety, in the sum of 

$1,000, for the faithful discharge of their duties as Clerks of the 
Ordinary. 

vacancy— §298. When a vacancv occurs in the Ordinary there shall be 

tow filled. . . 

an election to supply the same, ordered by the Justices of the 

Inferior Court, in the same maimer as for Clerk of the Superior 

Court, and until the same is filled the Clerk of the Superior Court 

shall perform all the duties which the Ordinary could perform as 

Clerk, and no more. 

Term of Or- § 299. The person elected to supply the vacancy must be com- 

ed n to 7 fiii e va- missioned for the unexpired term, unless it does not exceed three 

months from the time the election can be ordered and held, if 

• so there must not be any special election. 

Citations &c. §300. All citations, and other unfinished proceedings of the 

edTfbysuc- former Ordinary must be disposed of by the successor as though 

there had been no vacancy. 
Proceeding 3 § 301. When the Ordinary is disqualified, the proceedings shall 
nary n is dis- be carried as though by consent of parties, by appeal, to the Su- 
perior Court, and in the mean time temporary letters shall issue, 
or other legal means used, if necessary, to preserve the estate. 

Eligibility § 302. The eligibility and disabilities of the Ordinary, aside 
ties of brdi- from the Constitution, are the same as the Clerks of the Su- 

nary. 

perior Courts for their offices, with the addition that they can- 
not, during their terms of office, be executors, administrators, 
or guardians, or other agent of a fiduciary nature required to 
account to their Courts, but they may be administrators, guar- 
dians or executors in cases where the jurisdiction belongs to 
another county, or where in special cases they may be allowed 
by law and required to account to the Ordinary of another 
county. 
His trust as § 303. When any person holding such trusts are elected Ordi- 
& X c?, C abates naries their letters and powers (immediately) abate on their 

on bis eleo- -i • r» , • 

tion. qualification. 

§ 304. When the Ordinary is also the Clerk of the Superior 



I 



PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 71 



Article 1 — The Ordinaries and their Courts. 



Court, and there is no public administrator, or other person upon who takes 

,-... . n , administra- 

whom the law casts the administration oi unrepresented estates, tion when 

s~m i j? t j* • /^i the Ordinarv 

such administrations are cast upon the Clerks of Interior Courts, is 9 ler J£ Sli_ 

. ' . , . pcnorCourr. 

unless they too are Ordinaries, in which last event the Sheriffs 
of the several counties must become such administrators. 

§305. The Ordinaries must keep their offices at the place and where hia 
in the manner prescribed for Clerks of the Superior Courts, and be kepi. 
must hold their Courts at the place prescribed for the Superior 
Courts, or in their offices. 

§306. Courts of Ordinary have authority to exercise original,: Jurisdiction 

. -...-,.. -, r. -,i . ,. an d power of 

exclusive and general uirisdiction oi the following subiect mat- courts of 

& J fc> J Ordinary. 

ter: 

1. Probate of Wills. 

2. The granting of letters testamentary of administration, 
and the repeal or revocation of the same. 

3. Of all controversies in relation to the right of executorship 
or administration. 

4. The sale and disposition of the real and slave property be- 
longing to, and the distribution of deceased persons estates. 

5. The appointment and removal of guardians for minors and 
persons of unsound mind and free persons of color. 

6. All controversies as to the right of guardianship. 

7. The auditing and passing the returns of all executors, ad- 
ministrators and guardians. 

8. The discharge of former, and the requiring of new surety, 
from administrators and guardians. 

9. The binding out of orphans and apprentices, and all con- 
troversies between master and apprentice. 

10. The issuing commissions of lunacy in conformity to law. 

11. Of all such other matters and things as appertain or relate 
to estates of deceased persons and to idiots, lunatics and insane 
persons, and free persons of color. 

12. Of all such matters as may be conferred on them by the 
Constitution and Laws. 

§ 307. Such Courts may issue rules and attachments for con- May punish 
tempts offered the Court, or its process, by any executor, admin- and enforce* 
istrator, guardian or other person, and may punish the same by an o*aer»! 
fines as high as fifty dollars, or imprisonment not exceeding five 
days (one or both.) 

§308. The Ordinary can grant administration upon no person's 
estate who was not a resident of the county where the applica- 



72 FT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 

Article 1. — The Ordinaries and their Courts. 

in what tion is made at the time of his death, or being a non-resident of 

•cases Ordi- . . 

nary may the State has property in said comity or a bona fide cause ol 

grant admin- # x x ^ d 

istration. action against some person therein. 

in what §309. When such non-resident deceased persons have such 

ministra- property, or such cause of action in more than one county, such 

tion may be . • . 1 r* 

granted. letters may be granted in either county, and the Ordinary first 

granting them acquires exclusive jurisdiction. s 
Must report 8 310. Such Ordinaries shall at each term of the Superior 

estates un- u . 

represented. Courts of their respective counties report to the presiding Judge 
the estates in their hands unrepresented together with their con- 
dition. 
Failing to §311. If any Ordinary fails to faithfully account as executor, 
executor, administrator or guardian, after becoming such Ordinary, which 

Ac, makes • & . . « v . , . , . . -,. M1 

himmeiigi- trusts he held at the time of his election, he is ineligible to a re- 

bletore- . n 

election. election. 

cannot prac- §312. ISo Ordinary sh all engage directly or indirectly in the 
his own practice of law in his own or in the name of another, as a part- 
ner, open or silent, or otherwise, in any cause or proceeding in 
his own Court, or in another Court, of which his Court has, or 
has had, or may have jurisdiction. 



AKTICLE II. 

THE ORDINARIES AS CLERKS. 



Section. 

313. Ordinaries may appoint Clerks. 

314. Powers of such Clerks. 



Section. 

315. The Ordinary may require bond. &c. 

316. Special duties of the Clerk. 



ordinaries §313. The Ordinaries are, by virtue of their offices, Clerks of 

thei?own SOf their own Courts, but they may, at their own expense, appoint 

one or more Clerks for whose conduct they are responsible, who 

hold their offices at the pleasure of such Ordinary. 

Powers of §314. Such appointed* Clerks may do all acts the Ordinaries 



Clerk and 



Ordinary, could, not Judicial in their nature. 

May give §315. When Clerks are thus appointed, before entering on the 

duties of their offices, they may give to the Ordinary a bond and 

security in the sum of one thousand dollars. 
The duties §316. It is the duty of such Clerks, or the Ordinaries acting as 

Of the Clerk i 

of the Court SUCU 

of ordinary. t Tq iggue aU citations required by law. 

2. To grant temporary letters of Administration. 

3. To grant marriage licenses. 



PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 73 



Article 2. — The Ordinaries as Clerks. 



4. To issue 2Xi.Jt.fas. for costs on all judgments of the Ordi- 
nary or other process necessary to enforce them. 

5. To issue subpoenas for witnesses, and all similar process for 
ripening a trial. 

6. To issue any paper or process by order of the Ordinary, and 
bearing test in his name as other Clerks. 

7. To keep fair and regular minutes of each session of the 
Court, entered in a well bound book, and such other services du- 
ring term time, as the Ordinaries may require. 

8. To keep in their offices other suitable books for the follow- Books to be 

kept in the 

mg purposes, viz : . office of the 

A book for the record of wills. 

Another for the record of all letters of Administration and 
Guardianship. 

Another for the record of all bonds given by Administrators 
and Guardians. 

Another for the record of all appraisements, inventories and 
schedules. 

Another for the record of all accounts of sales. 

Another for the record of all accounts current, authorized to 
be made to the Ordinary, together with the vouchers accompa- 
nying the same. 

Another for the record of all marriage licenses, and the returns 
thereon. 

Another as a docket in which to enter all applications, and 
other proceedings in the order they are made, and which shall be 
called in like order at each session. 

Another for the record of all official bonds required to be re- 
corded in the Ordinary's office. 

Another for the registry of all free persons of color. 

9. To procure and preserve, for public inspection, a complete 
file of all newspapers in which their advertisements appear, as 
the Clerks of the Superior Court are required. 

10. To keep their books and papers arranged, filed and labeled 
and indexed as said Clerks are required. 

11. To give transcripts likewise as they are required, and when 
the Ordinary and the Clerk are the same person, so to state in 
the certificates. 

12. To perform any other duty required of them by law, or 
which is indispensable to those required. 



74 



FT. 1. — TIT. 5. — CHAP. 5. — Judicial Department. 



Article 3. — The Ordinaries as School Commissioners. 



ARTICLE III. 

THE ORDINARIES AS SCHOOL COMMISSIONERS. 



Sectiqx 

317. Ordinaries are school commissioners. 

318. Shall give additional bond. 



Section. 
319. Special duties of the Ordinary. 



Ordinaries 
are School 
Commis- 
sioners, &c. 



Shall take 
additional 
oath. 



Shall give 
additional 
bond. 



His oath and 
bond — 
when enter- 
ed, &c. 



Special du- 
ties of the 
Ordinary, 
&c 



Must attend 
meetings of 
the Board of 
Education. 



His report tc 
the Grand 
Jury. 



Must keep 
an account 
of receipts 
and dis- 
bursements. 



§317. The Ordinaries are, by virtue of their offices, School 
Commissioners, members of the Board of Education, and Treas- 
urers thereof for their respective counties. 

§318. Before entering on the duties of their offices, in addi- 
tion to the oath and bond already prescribed, they shall take an 
oath, " faithfully to discharge all the duties imposed upon them 
as such, and to faithfully apply and account for all money com- 
ing to their hands in said capacity," and shall also give bond and 
surety, payable to, and approved by the Justices of the Infe- 
rior Court, in double the sum of the whole School Fund, arising 
from all sources, conditioned for the faithful discharge of their 
duties, and application of, and accounting for said fund for the 
purposes, and in the manner prescribed by law, as Treasurer of 
said Board of Education, which oath and bond shall be entered, 
filed and recorded as his other oaths and bonds are. 

§319. It is their duty in said capacities — 

1. To enter yearly, as soon as received, in a book to be kept 
for that purpose, the names of all children entitled to the benefit 
of the School Fund. 

2. To attend the sessions of the Board of Education, and once 
in each year to report to them the condition of the funds in their 
hands ; the amounts due teachers ; the probable revenues and ne- 
cessities for the current year. 

3. To lay said reports before the first Grand Juries of their re- 
spective counties at the first session thereafter, and to each suc- 
cessive Grand Jury, until action is had thereon, together with 
the action of said Board of Education, and specially to inform 
said jury of the number of children entitled to the benefit of the 
School Fund, and the amount of funds on hand after paying 
teachers for the previous years, aside from what may be raised 
from county taxation. 

4. To keep full and fair accounts of all his receipts and dis- 
bursements in a well bound book, kept for that purpose, showing 
the different amounts received, when received, and from what 
source and to whom, when paid and for what purpose, which 



PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 75 



Article 3. — The Ordinaries as School Commissioners. 



shall be laid before the Grand Jury for their inspection whenever 
they require it. 

5. To pay teachers of such children, and any other charge on Must pay 
such fund, in the manner prescribed by law, and said Board of tcacber ' &c - 
Education taking and filing proper vouchers for the same. 

G. To keep by themselves, or their Clerks, (if any,) the min- Must keep 
utes of said Board of Education in a book to be kept for that ofth?Edu-* 
purpose, which shall be deposited in their offices for public in- Boi?d. a 
spection. 

7. To issue, in such capacity, any order or process such Board orders of the 
may require. Eoar(L 



CHAPTEE YI. 

SHERIFFS AND THEIR DEPUTIES. 



Section. 

331. The Sheriff is Jailor. 

332. Jailors must take an oath. 

333. Bond and oath must be recorded. 

334. Jailors bound to receive prisoners. 

335. Sheriff liable for acts of deputy. 

336. Sheriff's duty in executing orders. 
33^7. His book of entries when filled. 

338. Cannot purchase at his own sale. 

339. When allowed fees. 

340. Defaulting Sheriffs. 



Section. 

320. Sheriffs — how elected. 

321. A surety for Tax Collector. 

322. Vacancies in the office of Sheriff. 

323. His oath of office. 

324. Must give bond. 

325. Bond to be examined. 

326. His bond — where recorded. 
321. Judge of the Court may examine. 

328. When a Sheriff is succeeded. 

329. Sheriff's office — where to be kept. 

330. May appoint deputies. 

§ 320. The Sheriffs are elected, qualified, commissioned, hold j£j2oied 
their offices for the same term, and are subject to the same disa- SfS" 
bilities as the Clerks of the Superior Courts. ttl m ° 

§ 321. A security for any Tax Collector, or other holder of ggjjgwg; 
public money is ineligible to the office of Sheriff, until all mon- officc - 
ies for which he is bound shall have been paid to the proper au- 
thority. 

§320. Yacancies are filled, and the after proceedings are as in J a £ a £j- 
case of vacancies in Clerks of the Superior Courts, except that 
in case there is a failure to appoint, as set forth in section 257, 
the Coroner of the county shall act as Sheriff, and if there is no 
Coroner the Ordinary shall make a temporary appointment, and 
on failure of both, the Sheriff of any adjoining county is author- 
ized to act as Sheriff until the Justices of the Inferior Court 
•hall make their appointment or there is an election. 



76 PT. 1.— TIT. 5.— Judicial Department. 

Chapter 6. — The Sheriffs and their Deputies. 






His oath of §323. Before entering on the duties of their office they shall 

office. c & ^ .7 

take and subscribe, beside the oath of all civil officers, the fol- 
lowing oath, before the Judge of the Superior Court or Justices 
of the Inferior Court, viz : "I do swear that I will faithfully exe- 
cute all writs, warrants, precepts and process directed to me as 
Sheriff of this county, or which are directed to all Sheriffs of this 
State, or to any other Sheriff specially, I can lawfully execute, 
and true returns make, and in all things w T ell and truly, and 
without malice or partiality, perform the duties of the office of 

Sheriff of county, during my continuance therein and take 

only my lawful fees. So help me God." 
Must give §324. They shall also give a bond with at least two sureties, 
in the sum of twenty thousand dollars, (unless changed to a 
less or greater amount by local acts now in force or hereafter to 
be enacted,) conditioned for the faithful performance of their du- 
ties as Sheriffs, by themselves, their deputies, and their Jailors, 
and upon the terms required by law. 
His bond— §325. Such bonds shall be approved by three Justices of the 
be examined Inferior Court of the county, and then deposited in the office of 
€d. ""'"' the Clerk of the Superior Court, until the first session of that 
Court thereafter, when the presiding Judge shall examine said 
bonds, and if taken in conformity to the law, and the sureties 
are sufficient, so declare by order and have them spread upon the 
minutes of the Court, and if it has not been so taken they shall 
give another bond, which said Judge is authorized to take and 
have entered on said minutes, 
such bond to §326. When said bonds are thus approved by the Justices of 

"Kq recorded 

and deposit- the Inferior Court, and before deposited in said office, they shall 
be recorded in the office of the Clerk of the Inferior Court, and 
after being passed upon by the Judge of the Superior Court, 
shall be returned to the office of said Clerk of the Inferior Court 
and by him filed, and if the Judge of the Superior Court com- 
pels said Sheriff to give a new bond, after having been approved 
and entered on the minutes, it shall be filed in the office of the J 
Clerk of the Inferior Court and be recorded therein without fur- j 
ther approval. 

judge of su- §327. If a term of the Superior Court is held in the county 

perior Court , " 

may exam- before the Justices of the Inferior Court shall have approved the 

ine said bond § 4 x *- 

in the first Sheriff's bond, the Judge of the Superior Court may do so in the 

instance, m <?'_■*••' 

certain cases. f[ rs t instance, being careful to take the opinion of such Justices, 
or a part of them, or the Ordinary, as to the solvency and sufficien- 



PT. 1. — TIT. 5. — Judicial Department. 77 



Chapter 6. — The Sheriffs and their Deputies. 



ey of the sureties, and having so approved the other proceedings 
are as hereinafter set forth. 

§ 328. When a Sheriff's deputy is the succeeding Sheriff the when a 
sureties must he essentially 'different from those on such Sheriff's succeeded 

by his depu- 

boncl. ty. 

§ 329. Sheriffs must keep their offices at the same place and on sheriff's of- 
the same terms as Clerks of the Superior Court are required. 

§330. They are authorized, in their discretion, to appoint one May appoint 
or more deputies, from whom they must take a bond with sure- 
ties. 

§331. They are, by virtue of their offices, Jailors of the coun- May appoint 
ties, and have the appointment of Jailors, subject to the super-" 
vision of the Inferior Court, as prescribed in this Code. 

§ 332. Before entering on the duties of their office, such Jail- jailors must 
ors must give to the Sheriff bond and surety for the sum of one and give 
thousand dollars, conditioned for the faithful performance of their 
duties as Jailors, and shall take and subscribe before some one of 
the Justices of the Inferior Court of the county the following 
oath, viz : "I do swear that I will well and truly do and perform, 

all and singular, the duties of Jailor for the county of , and Form of his 

that I will humanely treat prisoners who may be brought to the 
jail, of which I am keeper, and not suffer them to escape by any 
negligence or inattention of mine. So help me God." 

§ 333. Such bond and oath must be filed and recorded as those Bond and 

° t oath must be 

Of a Sheriff's deputy. recorded and 

§ 334. It shall be the duty of the keepers of the several jails jailors 

• i • -i • r< •• l • ••! ir>i bound to se- 

\ within this btate to receive into their respective mils, and safely cure persons 

I i -. . -i-i • • i i i -i • pi' committed 

keep therein, all prisoners committed under the authority of the under au- 

I r J; ■ J thority of 

Confederate States, under the like penalties and subiect to the the confede- 

' . r J y rate States. 

same action as in the case of prisoners committed under the au- 
thority of this State. 

§335. Sheriffs are liable for the misconduct of the Jailor as sheriffs lia- 
they are liable for their deputies, and persons injured by the Jail- misconduct 
or have the same option in suing the Jailor's bond that they have and jaUors. 
in suing the deputy's bond. 

§ 336. It is the duty of the Sheriff— 

1. To execute and return the process and orders of the Courts ms duty in 
of record of this State, and of officers of competent authority, if^dentenng 
not void, with due diligence, when delivered to them for that ders, e &c.° l 
(purpose, according to the provisions of this Code. 

2. To attend upon all sessions, by themselves or deputies, of 



78 PT. 1. — TIT. 5. — Judicial Department. 



Chapter 6. — The Sheriffs and their Deputies. 



upon tt tho ding tne Superior and Inferior Courts of the county, and of the Court 
courts. f Ordinary, whenever required by the Ordinary, and never to 
leave said Courts while in session, without the presence of one or 
both of said officers if required, and to attend in like manner at the 
in attending place of holding an election, at the county site, on the day of an 
election, from the opening to the closing of the polls, and to take 
under their charge all under officers present, as a police to pre- 
serve order. 
shall P nb- 3. To publish sales, citations, and other proceedings, as requir- 
tations, &c ed by law, and to keep a file of all newspapers in which their 
official advertisements appear, in the manner required of Clerks 
of the Superior Courts. 
Keep an 4. To keep an execution docket, wherein they must enter a 

execution . x ; d 

docket. full description of all executions delivered to them, the dates of 
their delivery, together with all their acts and doings thereon, 
and have the same ready for use in any Court of their county. 

4ies Cord ° f ^- -^° k ee P a book, in which shall be entered a record of all 
sales made by process of Court, or by agreement of parties, un- 
der the sanction of Court, describing accurately the property and 
process under which sold, the date of the levy and sale, the pur- 
chaser and price. 

aMcJm- ^ 6. To receive from the preceding Sheriff all unexecuted writs 

FsheaTus 1 !- an d process and to proceed to execute the same ; to carry into ef- 

3ecessor. pre " f ec t an y ^ ev J or arrest made by a predecessor ; to put purchasers 
into possession, and to make titles to purchasers at his sales, when 
not done by him. 

ftiil*Sonl ti To take from preceding Sheriffs custody of the jail and! 

predeTeTsor. the bodies of such persons as are confined therein, with the pre- 
cept, writ or cause of detention. 

shaii fumish g ^q furnish prisoners with medical aid, fire and blankets, to 

prisoners -t " H 

™re d Dianke d ts ^ e reimbursed, if necessary, from the County Treasury, and to! 
&c ' suffer a penalty for neglect as prescribed in this Code. 

Sfto^inof 9- To take all prisoners arrested, or in execution under any, 
oountTiu criminal or civil process to the jail of an adjoining county, or tCjj 
certain cases ^ e .^ Q £ gome ther county, when more accessible, if the jail 

of the county is in an unsafe condition, under such rules as are 

prescribed in this Code. 

10. To perform such other duties as are or may be imposed bj 

law, or which necessarily appertains to their offices. 

§ 337. All books the Sheriffs are required to keep, after becom 



FT. 1. — TIT. 5. — Judicial Department. 



TO 



Chapter 6. — The Sheriffs and their Deputies. 



ing full, must be deposited in the office of the Clerks of the Su- JJjfJj ^ 
porior Courts, to be kept as their other books of record. StedL de " 

§ 338. No Sheriff or deputy, or other officer discharging a simi- cannot pur- 
lar duty, will be permitted to purchase any property whatever at ownsaie. 18 
his own sale, upon his own bid nor upon the bid of any other 
person for him, directly or indirectly, and all such sales and deeds 
in pursuance thereof, intended to vest in such officer the title to 
property so purchased, shall be null and void. 

§339. Sheriffs are only entitled to such fees or compensation when aiiow- 
as the law prescribes, or upon an omission of the law to such the amount 
reasonable compensation as the Court shall award, and where 
they use property themselves, or hire it out after being levied up- 
on, they are not allowed a per diem allowance for diet, and are 
liable to the proper party for the hire received. 

340. If any Sheriff or deputy fails to comply with the provi- Defaulting 

ii-n-i/ano * i^iii Sheriffs fin- 

sions of section 336, he shall be tinea tor a contempt, as the Clerk ed for con- 
of the Superior Court is in similar cases. Section 267 also ap- 
plies to Sheriffs. 



CHAPTER TIL 

STATE'S ATTORNEYS AND ATTORNEYS AT LAW. 

Article 1. Attorney General. 
Article 2. Solicitors General. 
Article 3. Attorneys at Law. 



AETICLE I. 



ATTORNEY GENERAL. 



Section. 

341. The Attorney General. 

342. Must give bond and surety. 

343. His duties enumerated. 



Section. 

344. May render service out of Circuit. 

345. May render service anywhere. 



341. 



The Solicitor General of the Circuit which embraces Attorney 

General. 



the Seat of Government is, by virtue of his office, the Attorney 
General of the State. 

§ 342. Before entering on the duties of his office, he must give Must give 

n . Jr ^ • bond and se- 

bond and surety satisfactory to the Governor, in the sum ofen^y- 
ten thousand dollars, and upon his requisition, must give addi- 
tional bond whenever the public interest demands. 



80 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 



Article 1. — The Attorney General. 



Must give 
his written 
opinion. 



Prepare con- 
tracts when 
the State is 
interested. 

Attend, on 
the part of 
the State, to 
civil & crim- 
inal cases. 



His general 
duty. 



His general 
duty. 

May be re- 
quired to at- 
tend out of 
his circuit. 



The services 
of Attorney 
General may 
be required 
out of his 
circuit by 
Comptroller 
General. 



§ 343. It is the duty of the Attorney General — 

1. To give his opinion in writing, or otherwise, on any ques- 
tion of law connected with the interests of the State, or with 
the duties of any of the Departments, when required by the 
Governor, or either of the State House officers. 

2. To prepare all contracts and writings in relation to any 
matter in which the State is interested, when requested. 

3. To attend, on the part of the State, to all criminal causes 
in any of the Circuits, when the Solicitor General thereof is 
prosecuted, and to all other criminal or civil causes to which the 
State is a party, when ordered by the Governor. 

4. To perform such other duties as are or may be required of 
him, or which necessarily appertains to his office. 

§344. When the services of such Attorney General shall be 
needed in either of the Judicial Circuits the presiding Judge 
thereof shall notify the Governor, twenty days before, of the 
time, place and cause, and the Governor may (in his discretion) 
order the Attorney General to comply, unless the law in the 
case presented makes it his imperative duty to do so. 

§345. It is in the discretion of the Comptroller General to 
require the Attorney General, when the services of a Solicitor 
General are necessary, in collecting or securing any claim of the 
State, in any part of the State, either to command the services 
of said Attorney General, in any or all of such cases, or of the 
Solicitors General in their respective circuits. 



AKTICLE II. 



SOLICITORS GENERAL. 



Section. 

346. Solicitor General. 

347. His oath. 

348. Vacancy how filled. 

349. His qualifications. 

350. On the same footing as the Judge. 

351. His special duties enumerated. 

352. May be ruled as Attorneys. 

353. Failing to attend Court. 

His election § 34 6. Eacn Superior Court 
and term of licitor General, elected by the 



Section. 

354. May ISTol. Pros, indictments. 

355. Penalty for exacting illegal costs. 

356. Who must certify such proceedings. 

357. Tampering with Grand Jury. 

358. May be appointed by the Court. 

359. An Attorney so appointed. 

360. Charges against Solicitor General. 

Judicial Circuit must have a So- 
people thereof respectively, who 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 81 



Article 2. — Solicitors General. 



holds his office four years, unless sooner removed in the manner 
prescribed by the Constitution.* 

§347. Before entering on the duties of their offices, beside ms oath, 
the oaths required of all civil officers, they must in addition take 
the following, viz: "I do swear that I will faithfully and im- 
partially, and without fear, favor or affection, discharge my 
duties as Solicitor General, and will take only my lawful fees of 
office. So help me God." And must also give such bond and 
surety as is required of the Solicitor, who by virtue of his office 
is Attorney General. 

§348. Vacancies are tilled, as prescribed in cases of the vacancy 
Judges of the Superior Courts, and the manner of proceeding is 
in every respect the same, except that the person elected to fill 
the vacancy holds his office only for the unexpired term, and 
must be so commissioned. 

§ 349. No person is eligible to the office of Solicitor General Hi8 Hfi . 
who has not been a resident citizen of this State Hve years just cations - 
preceding his election or appointment, who shall not have been an 
inhabitant of the circuit, in which he is to serve one year ,y prior 
thereto ; who has not attained the age of twenty-one years, and 
who has not been duly admitted and licensed to practice law in 
the Superior Courts of this State for at least three years. 

§350. A person having been appointed, or elected a Solicitor 0n the 6ame 
for any circuit, is on the same footing of a Judge of the Superior ju^S to 
Court, as set forth in Section 236, (as to retaining his office.) hfi circuit. 

§ 351. Their duties within their respective circuits are — special du- 

ties. 

1. To attend each session of the Superior Courts, regular or Must attend 
adjourned, unless excused by the Judge thereof, and remain cou^b. 
until the business of the State is disposed of. 

2. To attend on the Grand Juries, advise them in relation to G™nYju?y d 
matters of law, and swear and examine witnesses before them. 

3. To administer the oaths the laws require to the Grand and?* a8ta *j* liI1 " 

- 1 ister oaths. 

Petit Jurors, to the Bailiffs, or other officers of Court, and 
otherwise to aid the presiding Judge in organizing the Courts 
as he may require. 

4. To draw up all indictments, or presentments when re- 

* The amended Constitution provides that the Judges of the Supreme and Superior 
Courts, the Attorney and Solicitors General, shall be appointed by the Governor, by 
and with the advice and consent of two-thirds of the Senate; but said amended 
Constitution not yet being- ratified the Codifiers do not feel at liberty at present to 
change the law. See appendix. 



82 PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 



Article 2. — Solicitors General. 



up U Sdict w quested by the Grand Jmy, and to prosecute all indictable 

£ e esont and offences. 

merits. g_ rp Q p rosecu t e or d e f e nd any civil action in the prosecution 

Must prose- ' ° r 

cute or de- or defence of which the State is interested, unless otherwise 

fend when ' 

the state is specially provided for. 

interested. *■ J J. 

Must attend 6. To attend before the Supreme Court, when any criminal 

Supreme . . , ,-, . . . . 

Court. cause is tried, emanating irom their respective circuits, argue 

the same, and perform any other duty therein, the interest of 

the State may require. 

Must collect 7. To collect all moneys arising from fines and forfeited re- 
fines and for- . . . -. 
feitures, and cognizances, all costs on criminal cases, when paid into Court 

settle with *"".-, . 

the county before mdgment, and not otherwise : and at the Fall Term of 

Treasurer. ° ° > . ' 

each Court, every year, to settle with the County Treasurer, and 
pay over to him all moneys due him, according to law, after a 
fair and full settlement. 
Must settle § # To settle at the same time with the preceding; Solicitor, 

with the pre- # . 

iTito? S °" an( ^ P a y over ^° n ^ m an ^ mone ys collected, to which he may be 

entitled, and to render to him, whenever required by him, a just 

statement of the condition of his interests. 

Must collect 9. To collect all moneys due the State in the hands of any 

due the escheators, and pay over to the Educational fund : and if neces- 

State in the in rl 

hands of sary compel them to pay bv rule or order of Court, or other 

escheators. ^ •' 

legal means. 
Must collect io. To collect all claims of the State, they may be ordered to 

claims due ' J ^ 

the state c jo by the Comptroller General, and to remit the same within 

when or- " x ' 

controller thirty days after collection; and on the first day in October 
General. every year, to report to him the condition of the claims in their 
hands in favor of the State, particularly specifying the amounts 
collected and paid ; from what sources received, and for what 
purposes ; to whom paid, what claims are unpaid, and why ; what 
judgments have been obtained, when, and in what Court ; what 
suits are instituted, in what Courts, and their present progress 
and future prospects. 
His general 11. To perform such other duties as are, or may be required 

by law, or which necessarily appertain to their office. 
Maybemied §352. If Solicitor Generals fail to comply with the provisions 
»$ Law. of the preceding section, they are liable to rule, as Attorneys at 
Law are, with all the penalties and remedies ; and on failure to 
comply with the terms of a rule absolute, within twenty days 
from the time it becomes final, it shall be a ground of impeach- 
ment. 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 83 



Article 2. — Solicitors General. 



§353. If they fail to attend on the Courts of their respective Failing to at- 

■ • T 1 Til 1^1 -I /. «1 tGllA OoUrt 

Circuits, as required, they are liable to be lined, for each failure, liable to t>« 
fifty dollars, to be retained out of their salaries. 

§354. They have authority, on the terms prescribed by law, Maym>Wa 
to enter a nolle prosequi on indictments, and if, in any cases, aSStafSSf*" 
Solicitor General accepts, directly or indirectly, in money, or 
other valuable thing, or exacts more than his lawful costs from „ M , 

~ 7 Penalty for 

the defendant, or anybody else, it is a subject matter of invest!- Jf^Jf^J" 
gation by the Grand Jury. 

§355. If the Grand Jury presents the Solicitor for having so How pro- 
received more than his lawful costs, he shall be disqualified from against for 
further discharging his official duties, until a trial shall be had gafcostf. * 
upon an indictment, and if the trial results in a conviction, he 
shall be fined and imprisoned at the discretion of the Court ; and 
it is also a ground of impeachment. The disqualification con- conviction, 
tinues until the adjournment of the next session of the General 
Assembly. 

^356. It shall be the duty of the Clerk of said Court to certify cierk ehaii 

1 ~ notify th« 

immediately such proceedings to the Governor. Governor. 

§357. If they take, or agree to take, from any person, money, penalty for 
or any other valuable thing, the consideration whereof is a prom- agreeing to 
ise or undertaking, to procure, or to try to procure, a finding by or o e th™° n ' 
the Grand Jury of " a bill" or "no bill" upon an indictment, dr value, to in- 

.. , fluencethe 

i to make, or not to make a presentment, or to prolong or procras- Grand Jury 

| . M -i • • -i -i • in their de- 

tmate a State case, or an arrest, or to advise it done, or how it iterations, 
(may be done, the penalty and the proceedings are the same as in 
the two preceding sections. 

§358. When a Solicitor is absent, or indisposed, or disqualified Tiie solicitor 

J . , General be- 

Ifrom interest or relationship to engage in a prosecution, the pre- j?g disquaii- 
isidinp; Judge must appoint a competent attorney of the Circuit Cour 1 t w 

o o rr sr j ^ supply his 

to act in his place, or he may command the services of the Soli- P lac «- 
citor of any other Circuit accessible, or he may make a requisi- 
tion on the Governor for the Attorney General, as the emergency 
in his discretion may require. 

§ 359. An Attorney, acting as such Solicitor, is subject to all jjj* ^gj- 
:he laws governing Solicitor Generals ; he is entitled to the same -^ftuJito 
fees for what he does, and incurs the same penalties in the dis-f^am. 
Charge of his duties. 

§360. "When any person makes affidavit before the Court or 
JDrrand Jury, that in his judgment the Solicitor General is guilty 
|>f an indictable offence, and that he desires to prosecute him, or 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 

Article 2 — Solicitors General. 



the Grand Jury may present him for such an offence, it is the 
duty of the Court, instanter, to appoint some competent Attor- 
ney at Law to draw a bill of indictment, and when there is a 
true bill found, or presentment made, to put the Solicitor under 
recognizance, or in prison, according to the offence, until the ap- 
pearance of the proper prosecuting officer. 



AETICLE III. 

ATTORNEYS AT LAW. 



Section. 

361. Attorneys at Law. 

362. Rights of persons admitted. 

363. Qualifications of applicant. 

364. Aliens. 

365. Application for admission. 

366. Evidence of preparation. 

367. Must be examined. 

368. The manner of examination. 

369. Examination not satisfactory. 

370. Order of admission. 

371. Form of the oath to be taken. 

372. Graduates of Lumpkin Law School. 

373. Attorneys of other States. 

374. Order of the Court necessary. 

375. Prohibited in certain cases. 

376. Attorneys removing to this State. 

377. How admitted in Supreme Court. 

378. Failing to render the service. 

379. Transferring fee note. 

380. The rule for settling fees. 

381. Attorneys may be ruled. 

382. May bind their clients — when. 

383. Can receive nothing but money. 

384. Farties acting by advice of Attorneys. 



Section. 

385. Appearing without authority. 

386. Penalty therefor. 

387. Required to produce authority. 

388. When two are employed. 

389. Leading counsel defined. 

390. If more than one, preference given. 

391. Special duties of Attorneys. 

392. Causes for striking an Attorney, ko> 

393. May be re-instated, and how. 

394. Proceeding against Attorneys. 

395. Accusation must be in writing. 

396. Proceedings must be under oath. 

397. Requiring the accuser to appear. 

398. Appearance. s 

399. Answer. 

400. If objections be overruled. 

401. Plea of guilty, or refusal to answer. 

402. The judgment and effect thereof. 

403. Proceedings instituted by the Court. 

404. The attendance of witnesses. 

405. Costs — how taxed and coUected. 

406. Death of the informant. 

407. Jury may find proceedings malicious. 



Persons on §361. The following persons, if not specially declared ineligi- 
practicoiaw. ble, are entitled to practice law in the Courts of this State : 

1. Those who have been regularly licensed under the laws of 
the State, before the adoption of this Code. 

2. Those who are hereafter licensed in the manner prescribed 
oy law. 

§362. Those who are admitted to practice in the Superior 
Courts, may practice in any other Court of this State, except the 
Supreme Court, for which another and special license must be 
obtained. 



Rights of 
persons ad 
fritted in 
the Sur orior 
Court 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 85 



Article 3. — Attorneys at Law. 



§363. Any white male citizen of good moral character, who Quaiifica- 
iias read law, and undergoes a satisfactory examination before a pUon* 
Judge of the Superior Court, as hereinafter prescribed, is entitled 
to plead and practice law in this State. 

§364. Aliens who have been two years resident in the State, Aliens. 
and have declared their intentions to become citizens, pursuant 
to the act of Congress, are eligible to admission as Attorneys at Law. 

§365. For the purpose of admission, one must apply, by peti- Appiicatio* 

tion in writing, to a Superior Court, during one of its sessions, sion— how- 
to? ^ I •> to ) mate. 

in a Circuit of which he is resident, or has read law therein, and 
must show— 

1. His citizenship. 

2. That he is of good moral character. 

3. That he has read law. 

4. That he has been a resident of, or has read law in the Cir- 
cuit as aforesaid. 

§366. The evidence of such facts must be by certificate of two certificate of 

',',.». preparation. 

Attorneys of the Court, or of other evidence satisfactory to the 
Court. 

§ 367. The applicant must also be examined in open Court, Authorities 

■ . -*■ J- l ' on which to 

touching his knowledge — !> e e , xam - 

to to ined. 

1. Of the principles of the Common and Statute Law of Eng- 
land of force in this State. 

2. Of the law of pleading and evidence. 

3. The principles of equity, and equity pleading and practice. 

4. The revised Code of this State, the Constitution of the Con- 
federate States, and of this State, and the rules of practice in the 
Superior Courts. 

§368. j^To portion of such examination must take place out of Manner «f 
open Court, and to enable the Judges to have proper examina- tion. 
tions, they are required, if there is not ample time, during a term, 
to appoint a time, at least twice a year, at some county site in 
their respective Circuits, which has a bar of Attorneys sufficient, 
in numbers and qualifications, to conduct the examinations, and, 
if necessary, to request and require the attendance of such Attor- 
neys from other places within the Circuit, of which appointment 
public notice shall be given thirty days prior to said time in 
some public gazette. Application for admission may be made to 
the Judge of each Circuit (as otherwise required) at any time. 

§369. Such Judges are required to be strict, and to reject any 



86 PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 

Article 3. — Attorneys at Law. 

S^tm ~ applicant who does not undergo a full and satisfactory examina- 

rejected. t{ Jl. 

How admit- §370. If, on examination, the applicant is found duly qualified 

ted^to prac- . q a ^ ^ branches required, the Court must direct an order to 

be entered on the minutes, that, being examined and found to 

possess the requisite learning and ability, and haying otherwise 

complied with all the conditions of the law ; that upon his taking 

MnBttakeanthe oath prescribed, that the Clerk issue to him, on the payment 

of the fees and costs, a license to plead and practice law in the 

Superior Courts of this State. 

Tormofth* §371. The oath is as follows : 

" I, , swear that I will justly and uprightly demean my- 
self, according to the laws, as an Attorney, Counsellor and Solic- 
itor, and that I will support and defend the Constitution of the 
Confederate States, and the Constitution of the State of Georgia. 
So help me Grod." Which oath must be taken in open Court, and 
entered on the minutes thereof. 
Graduates of §372. None of the preceding requisitions are applicable to 
i^wichooi any graduate of the Lumpkin Law School, but upon presenta- 
mittedf " tion of a Diploma, and payment of fees, the Court shall cause 

his name to be enrolled among the Attorneys. 
Attorneys § 373. Attorneys at Law residing in other States of the Con- 
states—how federacy, having license to practice law in a Circuit Court there- 
this state, in, where, by law, the Attorneys of this State are permitted to 
practice law, may practice in the Superior Courts of this State. 
1. By presenting a petition, in writing, for such purposes, to 
the Judge of the Superior Court of any Circuit, either in term 
time or vacation. 
Must pro- 2. By producing before him a certificate from a Judge of the 

duceacer- ^. , V n . , ^ . . . 

iificato. Circuit, or District Court ot the State oi which they are citizens, 
under the seal of said Court, stating that the applicant is of good 
moral character, and has been legally admitted to practice law 
in such Circuit, and that, by the laws of such State, the Attor- 
neys of this State are allowed to practice law therein. 

Order of »d- §374. On reading such petition and certificate, such Judge 
shall grant an order, that the applicant be admitted to practice 
law in this State, and shall order the Clerk of the Superior Court 
of the county to enter it on his minutes and file the proceedings, 
on the payment of his legal fees, which, when done, is a sufficient 
license. 



mission. 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 87 



Article 3. — Attorneys at Law. 



§375. Such Attorneys at Law of any State adjoining this, are Lawyers 
not tlms permitted to practice law herein, nnless those oi this states as do 

. . ... n °t allow 

State are not likewise permitted to practice law in their Courts. Ga. lawyers 

x x to practice 

§376. Those Attorneys at Law, of other States, who become * n tbcir 

. . Courts. 

residents of this State, and do not come under the provisions of T 

' *■ Lawyers 

the preceding sections, by producing to the Court satisfactory ev- g r ^° *J r 
idence that they were Attorneys at Law, in good standing, in a^{k™&p d 
Court of similar jurisdiction in the State from which they came, 
may be immediately admitted to plead and practice law in this 
State, without undergoing the examinations as other resident ap- 
plicants. 

§ 377. Any Attorney authorized to practice law in the Supe- Lawyers— 

how admit- 

rior Courts of this State, is permitted to practice law in the ted to prac- 

ticeinSu- 

bupreme Court — preme 

T» • C ° Urt 

1. By exhibiting to the Court proof of good private and pro -proof of 
fessional character, and otherwise complying with the terms oflndprofes*-* 

.. , c sional char- 

ltS rules. acter. 

2. By taking the oath prescribed. 

§ 378. Attorneys are prohibited from collecting any note or Attorneys 
■T ... i«i >vlien em ~ 

other contract m writing given as a fee in any cause, which ployed feii- 

. ing to render 

cause they have failed to attend to in person, or by some com- the service. 
petent Attorney, from the time of employment until the rendi- 
tion of the judgment, and the same shall be null and void, unless 
they were by contract released from such duty. 

§379. The transfer of such note or obligations subjects them Transfering 
to forfeit and pay to the person from whom the same was taken, obligation 
double the amount thereof, recoverable in any Court having to render the 

... service. 

jurisdiction of the same, unless such person is saved harmless 
against all fees, costs and other necessary expenses on account 
thereof. 

§380. Unless otherwise stipulated, one-half of the fee in any The rule 

. . I ' «/ settling fe 

cause is a retainer, and due at any time, unless the Attorney 
without sufficient cause abandons the case before rendering ser- 
vice to that value ; but in cases where he has rendered such 
service, and cannot render the balance of service, from the act 
of his client, providential cause, election to office, or removal 
out of the State, he is entitled to retain the amount, or a due 
proportion if collected, or sue for it, and collect it, if not ; where 
no special contract is made, the Attorney may recover for the 
services actually rendered. 

§381. Where Attorneys retain in their hands the monev of 



88 



PT. 1.— TIT. 5.— CHAP. T.— Judicial Department. 



Article 3. — Attorneys at Law. 



May be 
ruled for 
money col- 
lected. 



Cannot re- 
ceive any- 
thing but 
money, &c 



Parties not 
relieved on 



their clients, after it has been demanded, they are liable to rule 
(and otherwise) as Sheriffs are and incur the same penalties and 
consequences. 
Attorneys §382. They have authority to bind their clients in any action 
their clients or proceeding, by any agreement in relation to the cause made 
in writing, and in signing judgments, entering appeals, and by 
an entry of such matters when permissible on the dockets of the 
Court, but they cannot take affidavits, required of their clients, 
unless specially permitted by law. 

§383. Without special authority Attorneys cannot receive 
anything in discharge of a client's claim but the full amount in 
cash. 

§384. Clients shall not be relieved from their liability to dam- 
the ground ages and penalties imposed by law on the ground that they acted 
acted under under the advice of their counsel, but are entitled to redress 

the advice of 1 

counsel. from them for unskilful advice. 

a party may §385. If it be alleged by a party for whom an Attorney ap- 
Attorney at^ pears that he does so without authority, the Court may at any 
appear for stage of the proceedings relieve the party, for whom the At- 
torney assumed to appear, from the consequences of his acts, 
if fully satisfied such allegation is true. 
Attorney ap- §386. Any Attorney appearing for a person without being 
employed, unless by leave of the Court, is guilty of a contempt 
of Court, and must be fined in a sum not less than five hundred 
dollars. 

§387. The presiding Judge, or Justice, may, on motion of 
either party, and on showing reasonable grounds therefor, re- 
quire any Attorney, who assumes the right to appear in the 
cause, to produce, or prove, the authority under which he ap- 
pears, and to disclose whenever pertinent to any issue, the name 
of the person who employed him, and to grant any order that 
justice may require on such investigation, but prima facie, At- 
torneys shall be held authorized to properly represent any cause 
they may appear in. 

§388. "When two or more Attorneys being employed on the 
same side dispute about the direction to be given to their cause, 
and the client is not present, the Judge shall hear all the facts 
and give preference to the leading counsel. 
Leading §389. The leading counsel is he who at the time of the trial, 

fined. or raising of any issue connected with the cause, is in the judg- 



pearin 
"without au 
thority. 



May be re- 
quired to 
produce au 
thority. 



Whin two 
or more At- 
torneys are 
employed on 
the same 
side. 



PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 89 



Article 3. — Attorneys at Law. 



ment of the Court the counsel upon whom the client relies more 
than any other. 

§390. If there is more than one, upon whom the client thus if mor e than 
relies, the Court shall as between them, give him preference who ence?sgSen 
was first employed. &? e iT 

§391. It is the duty of Attorneys at Law — speckidti 

1. To maintain the respect due to Courts of Justice and judi- m e c 8 r a t ed" 
cial officers. 

2. To employ for the purpose of maintaining the causes con- 
fided to them, such means only as are consistent with truth, and 
never to seek to mislead the| Judges or Juries, by any artifice or 
false statement of the law. 

3. To maintain inviolate the confidence, and at every peril to 
themselves to preserve the secrets of their clients. 

4. To abstain from all offensive personalities, and to advance 
no fact prejudicial to the honor or reputation of a party or a 
witness, unless required by the justice of the cause with which 
they are charged. 

5. To encourage neither the commencement nor continuance 
of an action or proceeding from any motives of passion or in- 
terest. 

6. Never to reject for any consideration personal to themselves 
the cause of the defenceless or oppressed. 

§392. An Attorney must be removed for the following causes special 
by the Superior Court of the county of his residence : which m 

1 "FT r. • ■ -i . • Attorney 

i. upon his being- convicted of any crime, or misdemeanor m- must be re- 

I . . ° J 5 < moved. 

voiving moral turpitude. In either case the record of his convic- For crime*, 
tion is conclusive evidence. 

2. When any judgment, or rule absolute has been rendered Failing to 
against him for money collected by him, as an Attorney, which money wh« 

T, -C -1 x • i . . , . , ruled. 

ne tails to pay within ten days after the time appointed m the 
order. In which case the record of the judgment is conclusive 
evidence, unless obtained without any service, under some law 
authorizing such a proceeding. 

3. Upon it being shown to the satisfaction of the Court that unprofea- 
he has been guilty of any deceit or wilful misconduct in his duct ° 
profession. 

4. For want of a sound mind, or for indecent behavior in or indecency 
out of the Court House, whereby he becomes a nuisance to the mind, Ac 
Court, his brother members of the bar, or the public. 

§393. When an Attorney at Law is thus removed, after the lapse 



90 PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 



Article 3. — Attorneys at Law. 



ffirted!aiid °f twelve months (unless removed under the first ground of the 
fcow. preceding section) it is in order for him to be restored upon the 

application of two-thirds of the members of the bar of the coun- 
ty where he was removed and of those who usually practice in 
the Superior Court of said county, if approved by the Judge of 
the Circuit, 
summary § 394. The proceedings to remove an Attorney may be taken 

proceedings . 

against At- by the Court, of its own motion, or upon the motion of an At- 
torneys. 

torney at Law, or other citizen. 
ttonmSstto § 395. The accusation must be in writing, signed by the mov- 
in writing. am ^ or ^jg Attorney a t Law, and when the proceeding is taken by 

the Court, it may be drawn up by the Solicitor, or the Clerk, 

under the direction of the Court. 
Proceedings § 396. If the proceedings are upon the information of another 

must be un- . . 

der oath— the accusation must be verified by the oath of the person mak- 

when. *> J 

ing it, or some other person, and presented to the Court. 

order re- §397. The Court must then, if of opinion that the accusation 

EsSeSto* would, if true, be grounds of removal, make an order, requiring 

appear. ^ e accused to appear and answer the same, at a specified day 

during the same, or at the next term, and must cause a copy of 

the order and accusation to be served on the accused within a 

prescribed time before a day appointed in the order. 

§ 398. The accused must appear at the time appointed in the 

Appearance . r> . , 

oftheac- order, and answer the accusation, unless for sufficient cause the 



•used. 



Court assign another day for that purpose, if he does not appear 
Failing to the Court may proceed, and determine the accusation in his ab- 

appear'&c. Benc jg; ^ 

Answer of § 399. The accused may answer, either by objecting to the suf- 
the accused. fj c j enC y f ^] ie accusation or by denying its truth, either of which 

must be entered on the minutes. 
Objections 8 400. If the objection to the sufficiency of the accusation be 

bytheac- ° •' . J . . . • 

•user. not sustained, the accused must answer it forthwith. 

piea of gun- §401. If he pleads guilty, or refuses to answer the accusation, 

•ing to an- the Court must proceed to judgment of removal; if he denies 

the accusation, the Court must immediatelv, or at such time as 

it may appoint, proceed to try the same; the accused having a 

right to demand a trial by jury. 
Effe.t of the § 402. A judgment of acquittal is final, but from a judgment 
gm«n . ^ removal there may be a motion for a new trial, and a reriew 

by the Supreme Court, as in other cases. 

§ 403. The proceedings, when instituted by the Court, of its own 






PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 91 



Article 3. — Attorneys at Law. 



motion, are conducted in the name of the State, the Solicitor appear- SSSffiB? 
ing to sustain the accusation, and when on the information of an- tuted ' &c - 
other, in the name of the State, on the information of such per- 
son. 

§ 404. Either party has a right to subpoenas, and other process, Either party 
to compel the attendance of witnesses, and testimony may be SXtteS?* 
taken by deposition, in such cases, and in the same manner as in witnesses. 
actions at law, and the Court may, in its discretion, require the 
informant to give security for costs, and failing so to do within 

° J ' to . Theinform- 

the time prescribed, the proceedings must be dismissed at the cost a ?t failing to 

x 3 x ° give secu- 

of the informant. rit ^ &c - 

§ 405. When the proceedings are in the name of the State, the costs— how 
costs are paid as in criminal cases; when in the name of the collected. 
State on the information of another, if the accusation is not sus- 
tained, judgment is rendered against the informant, and his secu- 
rity for the costs, if the same has been given, but if the accusa- 
tion is sustained against the accused, judgment for costs must be 
rendered against him. 

§ 406. Upon the death of the imformant, if there be but one, Upon the 
the proceedings abate, unless some other person is substituted in f^raiM?* 
his place, which may be done on application to the Court ; if 
there is more than one informant the proceedings continue on the 
information of the survivor. 

§407. It is in the province of the jury who try such proceed- The jury, 
ings, if they find in favor of the accused, also to find they were case, may 
malicious, if they so believe, and upon such finding the rights of ceedings 
the accused against the informant are the same as in cases of ma- 
licious prosecution, on the criminal side of the Court. 



CHAPTEK VIII. 

JUSTICES OF THE PEACE, JUSTICES* COURTS, AND CONSTABLES. 

Article 1. Justices of the Peace and their Courts. 
Article 2. Constables. 



92 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 



Article 1. — Justices of the Peace and their Courts. 



AKTICLE I. 



JUSTICES OF THE PEACE AND THEIR COURTS. 



Section. 

408. Two Justices in each District. 

409. How removed from office. 

410. Vacancies — how filled. 

411. Election — how and by whom held. 

412. Inferior Court may order an election. 

413. Qualifications of a Justice. 

414. Inferior Court may appoint — when. 

415. The oath of a Justice. 

416. Oath — before whom to be taken. 
41T. Criminal jurisdiction of the Justice. 

418. Civil jurisdiction of the Justice. 

419. Debts may be divided. 

420. Territorial and Criminal jurisdiction. 

421. Justice may be sued in his own Dist. 



Two Justi- 
ces of the 
Peace in 
each Dis- 
trict, &c 



How re- 
moved from 
office. 



Vacancies — 
how filled. 



Section. 

422. If the Justice be disqualified. 

423. When there is no Justice. 

424. Suits may be transferred. 

425. When transferred. 

426. Transferred suits. 

42*7. Co-obligors, Joint Contractors, &c. 

428. Residents in Districts not organized. 

429. Special powers & duties of Justices. 

430. Justices Courts. 

431. Changed once in four years. 

432. Justices newly elected. 

433. Times and places now established. 

434. Judgments rendered. 



Election- 
how held. 



Mnstbe 
commission- 
ed by the 
Governor. 

If no Justice 
of the Peace 
in the Dis- 
trict, &c. 



§ 408. There shall be two Justices of the Peace in each Militia 
District of the several counties of this State, elected by the peo- 
ple of each district, in the manner hereinafter prescribed, who 
hold their offices for fonr years, unless sooner removed. 

§ 409. They are removed from office in the manner prescribed 
by the Constitution, and also on conviction for malpractice in 
office, or of any felonious or infamous crime. 

§ 410. Vacancies are filled in the following manner : If there is 
a Justice of the Peace in the district where the vacancy occurs, 
he shall appoint some Saturday in a month, which is a time fixed 
for holding the Justices' Court of the district, and advertise the 
same at three of the most public places therein at least fifteen 
days before the day appointed. 

§411. On said day said Justice, with two freeholders, must 
hold said election, in the same manner that a regular election for 
Justice of the Peace is held, and duly certify the same to the 
Governor, who must commission the person elected for the unex- 
pired term. 

§ 412. If there is no Justice of the Peace in the district where 
the vacancy occurs, the Justices of the Inferior Court of the 
county must order an election in the same manner, through their 
Clerk, which may be held by three freeholders of the district, 
who must hold and certify said election in the same manner. 

§413. All persons are eligible to the office of Justices of the 
Peace who are entitled, in the countv in which the district is sit- 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 93 



Article 1. — Justices of the Peace and their Courts. 



nated, to vote for members of the General Assembly; who have Q ualifi <?- 

7 , . tions of a 

been three months in the district next preceding; the election, and £ UBti <* of 

J- ° * Peace. 

who do not labor under any disqualification. 

§ 414. When any district is without a Justice of the Peace, and on failure to 
an election has been legally ordered to supply the vacancy, and JuSceaof 
none is hona fide held at the time and place appointed, it is the court m&y 
duty of the Justices of the Inferior Court to appoint two per- P ° 
sons, resident in the district, such Justices to have it certified to 
the Governor, who must commision the appointees for the re- 
quired term. 

§415. Justices of the Peace, before entering on the duties of The oath of 
their office, besides the oath required for all civil officers, must Peace. 
take the following oath: "I do swear that I will administer jus- 
tice without respect to persons, and do equal rights to the poor 
and to the rich, and that I will faithfully discharge all the duties 

incumbent on me as a Justice of the Peace for the county of , 

agreeably to the Constitution and laws of this State, and accord- 
ing to the best of my ability and understanding. So help me 
God." 

§416. Such oaths shall be taken and subscribed before the Suchoath 
Justices of the Inferior Court of the county in session, but mayteken! whora 
be taken before any one of such Justices, and so the dedimuspo- 
testatem, for such purpose, should state. 

§417. They have criminal jurisdiction in the following in- Their crimi- 
stances: Soi"*** 

1. In acting as conservators of, and preserving the public peace 
in their respective districts and counties. 

2. In issuing warrants for the apprehension of any person 
charged on oath with a violation of any portion of the Penal 
Code, or who are so known to them officially. 

3. In examining such persons when brought before them, and 
to commit, bind over or discharge, according to the directions of 
this Code. 

4. In trying all slaves, or free persons of color, charged with 
any offence committed in the county, not punished with death, 
in the manner prescribed by this Code. 

5. In such other cases as jurisdiction may be Constitutionally 
given. 

§418. They have a general and original civil jurisdiction — cmijum- 
1. Of all suits or attachments on any liquidated demand, or an 
account not exceeding fifty dollars, exclusive of interest, or where 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 

Article 1. — Justices of the Peace and their Courts. 



the debt has been larger, and the balance due is not more than 
said amount, or on the trial is reduced to said amount by bona 
fide payments, or other lawful setoff. 

2. Of contests for the mere possession of personal property. 

3. Of forcible entries and detainers, or either, with the aid of 
a jury of twelve men, as prescribed by this Code. 

4. Of all other causes when jurisdiction is Constitutionally 
given them in their capacity as Courts or Justices. 

Debts may §419. Debts which, in the aggregate, amount to more than 
&c. n e ' Justices' Court jurisdiction, may be divided into liquidated de- 
mands, so as to bring them each within such jurisdiction. 
Their crimi- §420. Their criminal jurisdiction extends over persons of, or 
tion extends crimes committed in their respective counties, and their civil ju- 
county, && risdiction over persons residents of their respective districts, and 
itinerant persons, and to persons of other districts, in certain par- 
ticular cases provided for in this Code. 
Maybe sued §421. One Justice of the Peace may sue, or be sued before the 

in his own .. . , . 

District. other in his own district. 

when the §422. When a Justice of the Peace is disqualified from presi- 
disqiaiifled, ding, and there is no other Justice of the Peace in his district, 
let. may who is qualified, any Justice of the Peace of the county is quali- 
fied to issue all process, and to preside in his district, and if a 
Justice of the Peace is sued under such circumstances, the suit 
may be located in any adjoining district. 
suits— how §423. Where there is no Justice of the Peace in any district 
brought where a defendant resides, or there is one, and he refuses to serve 

when there . . . 

is no jus- generally, or m any particular case, the suit may be located m 
refuses to an y adioining district. 

serve. </ o o 

suits maybe §424. If suits are already commenced, and are suspended for 
in a ? e S rtaS d the want of a Justice of the Peace to preside, such suits shall be 

removed to the adjoining districts, unless the evil is removed 

within sixty days. 
Maybe §325. If, from any cause, all such suits cannot be located, or 

transferred \ ,...,.. , , 

tothecoun- prosecuted m some adjoining district, they may be commenced, 
or removed to the Justices' district, which embraces the county 
site. 
The Justices §426. The Justices of the Peace and Constables of any dia- 
biesmayact, trict, where a suit is thus begun or removed, have the same pow- 
er as those officers have in the proper districts. 

§427. Suits vs. makers and endorsers, and against co-obligors, 
or joint-makers, may be located in the district where the princi- 



PT. 1.— TIT. 5.— CHAr. 8.— Judicial Department. 05 



Article 1 . — Justices of tho Peace and their Courts. 



pal debtor, or one of the co-obligors, or joint-makers can hesued,^ ^ ™' 
and the other parties, who may reside in a different district Jfrom^JJJ 8 ^ 
such in the same comity, may be joined in the suit on the same JJJJJJ"* 
terms such persons residing in different counties may be sued in 
the Superior Courts, but by the process used in Justices' Courts ; 
and in such cases, the Constable of the district where the suit is 
located, may serve such process in any part of the county. 

§428. Persons resident in any portion of a county, whose resi- persons »- 
dence, from any cause, is not embraced in any organized Justices' portion of % 
districts, are subjected to suit in the district whose Court-ground is °° 
nearest their residence, where there is an acting Justice of the 
Peace. 

§429. Justices of the Peace have authority, and it is their speeMpow- 

•t , crs and du- 
ality ties of the 

1. To select some central and convenient place in their respec- enumerate, 
tive districts, at which to hold their Courts, and some stated day 

in each month as the time of which they shall give ample public 
notice, and also to keep their offices within said districts ; but in 
towns or cities, which embrace more than one district, they may 
hold their Courts and keep their offices at some central and con- 
venient place within the limits of said towns or cities. 

2. To fine not more than five dollars, nor imprison more than 
five hours, any person guilty of a contempt of Court, and to pay 
the fine to the County Treasurer for county purposes. 

3. To issue attachments returnable to their own, and, in cer- 
tain cases, to the Superior or Inferior Courts of the county. 

4. To issue all process necessary to maintain their jurisdic- 
tions, and enforce their authority under the sanction of law. 

5. To administer oaths and take affidavits, except the power is 
expressly restricted to some other officer, and to take the ac- 
knowledgement or probate of any conveyances required to be re- 
corded. 

6. To keep a docket of' all causes brought before them, in 
which must be entered the names of the parties, the returns of 
the officer, and the entry of the judgment, specifying its amount, 
and the day of its rendition. 

7. To carefully file away and label all papers appertaining to 
any cause, and sill Ji. fas. and other process returned, after being 
satisfied, entered "nulla bona" or have otherwise discharged 
their functions. 



96 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 



Article 1. — Justices of the Peace and their Courts. 



8. To attend the Superior and Inferior Courts of their coun- 
ties, whenever required, with such docket or papers of file. 

9. To establish, when lost, in the manner prescribed by law, 
any paper appertaining to any suit, or other proceeding in their 
respective Courts. 

10. To answer interrogatories from Courts of other counties, as 
to the contents or condition of any of the dockets, files or papers 
of their office, and to attach thereto copies of such, when such in- 
terrogatories are propounded, and such copies required. 

11. To perform such other duties as are, or may be required by 
law, or which necessarily appertain to their office. 

justices' § 430. If any Justices' Court is held at an inaccessible or incon- 

Courts,pla- *> 

S s — how d " ven i en * portion of any district, or such a place is hereafter se- 
cWed. lected, the qualified voters of such district may petition such 
Justice to change the place to some other place, naming it, and 
if he refuses to change, they may apply to the Justices of the In- 
ferior Court, and if such Justices are satisfied that the place where 
such Court is held works an inconvenience to a majority of the 
citizens of such district, they shall change the place, to take ef- 
fect after the expiration of thirty days, have it entered on their 
minutes, and published in the district. 
The place §431. When a place for holding such Court is once fixed, it 
holding jus- cannot be changed, except in the manner stated, and then but 
&c once during the four years' official term, nor can the time be 

changed by the Justices but once. 
Newjusti- §432. When new Justices of the Peace are qualified, and 

ces may . 

change the they desire to change the place or time of holding such Courts. 

time and J . . . . 

place of hold- they may do so by giving public notice of the fact, stating the 
courts. place, and the time to which changed, or either, and the first 

Court to be thus held, which change shall not go into effect short 

of sixty days from the time of advertising. 
Time and §433. The times and places now established for holding Jus- 
ho wing' jus- ti ces ' Courts are not disturbed by the enactment of this Code, 
notdistSi? an0 ^ "^ ne nrilitia districts now established by law remain the same, 
adpptionof but they may be altered and new districts formed by Justices of 
this code. ^.| ie j n f er j or Q our t of each county as hereinafter prescribed. 
judgments- §434. All judgments of such Justices rendered in any civil 

cause anywhere else than at the place and time for holding their 



Courts lawfully appointed, are void. 



PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 



97 



Article 2. — Constables. 



ARTICLE II. 



CONSTABLES. 



Section. 

435. Two Constables in each district. 

436. How removed from office. 
431. Vacancy — how filled. 

438. Justices failing to agree. 

439. If there is but one Justice. 

440. Justice failing or refusing to appoint. 

441. Qualifications of Constable. 

442. Disqualifications. 

443. His oath of office. 



Section. 

444. In cases of emergency. 

445. Must give bond and surety. 

446. Clerk must certify. 

447. Additional surety — when. 

448. May be ruled and attached. 

449. May be ruled in Superior Court. 

450. His special duties enumerated. 

451. Penalty for acting after retiring. 



qualify, Failure to 



elect. 



§435. There shall be two Constables in each militia district ofTwoConsta- 
the several counties of this State, elected by the people of each district eiec- 

' . , ted by the 

district as hereinafter prescribed, who hold their offices for two people for 

x two years. 

years, unless sooner removed. 

§436. They are subject to be removed from office on the same How remor- 
grounds and on the same proceedings as Clerks of the Superior fice. 
Court are, and on conviction for malpractice in office, as Justices 
of the Peace are. 

§437. Vacancies are filled by appointment of the Justices of Vaca j cies — 
the Peace of the district in the following contingencies : 

1. When, from any cause, there is a failure to elect 
and give bond, at the regular time. 

2. When there is a death, resignation, or removal of Consta- Death, resig- 

-, -i nation or re- 

Dle. moral. 

3. When, from sickness or other providential cause, the dis-menab- 
trict is without a Constable, there may be an appointment, if an Providential 
emergency arises, to continue until the regular Constable enters 

on the discharge of his duties. 

4. When the Constables of the district are absent temporarily Temporary 

x " absence irom 

from the district, the like power may be exercised. thc district. 

§438. If there are two Justices of the Peace, and they cannot Justices mi- 

° ** ing to agree 

agree upon an appointment, the one who has served longer as ° n n J5f ^J n . 
such continuously, and immediately preceding, shall appoint; if stables, 
there are two Constables to appoint, each Justice shall appoint 
one. 

§ 439. If there is only one Justice of the Peace he may make when there 
the appointment, but it shall be in the discretion of the Justices, justice he 
whether one or two, to appoint the second Constable or not, if™ 
there is one in office, or one or two if there is none in office. 
7 



98 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 

Article 2. — Constables. 

in case jus- § 440. If the Justices of the Peace of any district fail or re- 

tice of the '- . , 

Peace fail to fuse to have as much as one Constable in their district, for as 

appoint, &c. , ' 

long as thirty days from the time such a vacancy occurs, the Jus- 
tices of the Inferior Court of the county shall fill the appoint- 
ment. 
Quaiinca- § 441. The eligibility for Constables is the same as that for 
oonatabie. Justices of the Peace, but any persons may be appointed Consta- 
ble to fill vacancies, or to answer some emergency, who are at 
the time residents of the district. 
Disquaiinca- §442. Constables cannot be Sheriffs, or Sheriff's deputies, nor 
can they be either Clerks of the Superior or Inferior Courts, nor 
can such officers be Constables, 
oath of a § 443. Each Constable, before entering on the duties of his 
constable. -^ ce ^ mu $i t a k e an( } subscribe, beside the oath for all civil offi- 
cers, before the Clerk of the Inferior Court of his county, the fol- 
lowing oath: "I swear that I will duly and faithfully perform 

all the duties required of me as Constable of the county of , 

according to the best of my ability and understanding. So help 

me God." 

constables § 444. Constables appointed to answer some sudden emergen- 

a^eme^gen 1 ^ cy, as in section 437, may take and subscribe said oath before the 

palmed. Justices of the Peace appointing them, who shall file the same 

in the office of the Clerk of the Inferior Court. 
constables §445. All Constables, except those thus appointed, must, be- 
bondand fore entering on the discharge of their duties, give a bond, paya- 
ble to the Justices of the Inferior Court of the county, and their 
successors, with two good sureties, resident in the county, in the 
sum of HYe hundred dollars, to be approved by such Justices, 
„ , , which shall be by the Clerk of said Court filed in his office, and 

Bond— when _ . * / _ ' 

filed. recorded m a book kept for that purpose. 

cierk supe- § 446. "When such oath is taken and filed, and such bond given, 

must certify such Clerk shall issue to such Constable a certificate of such facts, 

to filing affi- -i r» i • • . 

davit and and make an entry thereof on his minutes, which certificate shall 

bond. , . . . 

answer as his commission. 
Maybe com- §447. Constables maybe compelled to give additional bonds 
|ive e addi- upon complaint made on oath before any one of the Justices of 
7 the Inferior Court, if, after the hearing, such Justices so order it 
done, and upon failure to do so, shall be removed by such Justi- 
ces. 

§ 448. They are liable to rule, attachment, and penalties, in 
their respective districts, but in default of any Justice of the 



FT. 1.— TIT. 5.— CHAP. 8.— Judicial Department. 99 



Article 2. — Constables. 



Peace in such district, or if there are such who refuse to ^erve, JJ^Jj j^ w 
they may be ruled before any Justices' Court of an adjoining dis- c 1 ^ t ustice,a 
trict, or the Superior Court. 

§449. It is optional with parties to rule Constables before theMayberui- 
Superior Court of their respective counties, in term time, on the or court. 
same terms that Justices of the Peace are ruled. 

§ 450. It is their duty — 

1. To attend regularly all terms of the Justices' Court in their Sp<}clal du _ 
respective districts. ri e ted num °" 

2. To attend all terms of the Superior or Inferior Courts of 
their respective counties, when summoned by the Sheriff for that 
purpose. 

3. To give receipts for notes, or other liquidated demands, 
placed in their hands for collection. 

4. To pay over money promptly as collected, to the party en- 
titled thereto, and in case of conflicting claims to any money, to 
report the same to the next Justices' Court of the district, where 
they are amenable, for its order in the premises. 

5. To execute and return all warrants, summons, executions, 
and other process to them directed by lawful authority. 

6. To perform such other duties as are or may be required of 
them by law, or which necessarily appertain to their offices. 

§451. If any Constable exercises the duties of his office after A]Q7 per80n 
removal from the district where he was elected or appointed, he'coiSJeaf- 
is subject to a fine of fifty dollars for every such act, to be recov- ^office* sob- 
ered before any Justice of the comity in which he resides, by any- 500 * 101 
one suing for the same, one half to the use of such person, the 
other half to the use of the county. 



K 
CHAPTER IX. 

CORPORATE COURTS. 

Section 452. Corporate and Police Courts — how affected by the Code. 

452. The organization of the various corporate and Police and P Poiice 



Courts of this State, and the laws relative thereto, are undisturb- SS£ 



-how 
affected by 

ed by the adoption of this Code, unless additional, concurrent, or thls Codo ' 
exclusive jurisdiction, or cumulative remedies are conferred by it 
upon them, or other Courts, or other magistracy, and then they 
are altered only to that extent. 

*• 



100 



PT. 1.— TIT. 6.— County Organization; 



Chapter 1. — Militia Districts. 



TITLE YI. 

COUNTY ORGANIZATION". 

Chapter 1. Militia Districts. 

Chapter 2. Incorporation of Counties, County Contracts, &c. 

Chapter 3. County Revenue. 

Chapter 4. County Officers not before specified. 

Chapter 5. Roads, Bridges, Ferries, Turnpikes, &c. 

Chapter 6. The County Poor. 



CHAPTER I. 

MILITIA DISTRICTS. 



Section. 

453. Counties divided into Militia Dists. 

454. Districts to remain the same. 

455. Must contain a Captain's Company. 

456. How laid out or changed. 

451. Survey and compensation therefor. 



Section, 

458. Proceedings to be recorded. 

459. To be transmitted to the Governor. 

460. Elections to be ordered by Clerk. 

461. Officers not removed by making. 

462. Not to affect pending suits. 



Counties di 
vided into 
Militia Dis- 
tricts. 

Districts to 
remain, &c. 



Must con- 
tain a Cap- 
tain's Com- 
pany. 



How laid 
out or 
©hanged. 



Survey an ! 
compensa 
tion there- 
for. 



§453. Each county of this State is divided into Militia Dis- 
tricts, according to their respective territory and population lia- 
ble to bear arms. 

§454. Such districts as at present organized, are to remain 
the same, until changed in the manner hereinafter prescribed. 

§455. Each district hereafter organized or changed, must con- 
tain, within its limits, at least as many persons resident at the 
time of the organization, liable to Militia duty, as are necessary 
to form a Captain's Company, according to the Militia laws, and 
in its formation, must not leave any older district with a less 
number. 

§456. Whenever it may be necessary and expedient to lay out 
a new Militia District, or to change the lines of old ones, the 
Justices of the Inferior Court may, at any time, appoint three 
Commissioners, citizens of the district or districts from which 
it is proposed to make the new district, or change the lines 
thereof, whose duty it shall be to lay out and define such lines, 
and report the same to the Clerk of such Inferior Court. 

§457. Such Commissioners have authority to engage the ser- 
vices of a competent Surveyor, to assist them in their duties, who 
shall be paid for his services out of the County Treasury, the 



PT. 1.— TIT. 6.— County Oeganization. 



101 



Chapter 1. — Militia Districts. 



same compensation County Surveyors have for similar services 
rendered a citizen. 

§458. If the Inferior Courts approve their report, they shall Proceedings 

. l r , . . recorded. 

have all proceedings in the matter entered on their minutes, after 
which the district laid out, or line changed or defined, shall be 
known and regarded accordingly. 

§459. It is the duty of such Clerk, if a new district is laid Proceedings 
out, to transmit, instanter, to the Governor, such proceedings mitted to the 
from their minutes duly certified, and to publish them for thirty and adver- 

tised thirty 

days, at the door of the Court-house, and in the public gazette days. 
where they do their official advertising. 

§460. As soon as such is done, such Clerk must immediately cierk must 
order an election for the requisite number of Justices of the election for 
Peace and Constables, (for such district,) after advertising the 
same for thirty days, in three of the most public places of the 
new district. 

§461. If, in laying out a new district, or in changing the lines Making or 
of old districts, the residences of Justices of the Peace, or Con- Districts 
stables, elected are included in the new district, or cut off from move om- 
the district, for which they were elected, they have authority to 



discharge their duties for the district for which they were elected, 
until their terms of office expire, and their successors in such 
district are qualified, unless elected to the same office in the new 
district to which they are eligible. 

§ 462. Suits pending in any Justices' Court, must not be changed Jjjfjjjjj af * 
because the residence of a defendant is included in the new dis- pending, 
trict, or cut off into another district ; but they must proceed as 
though no such change had been made. 



CHAPTEE II. 

INCORPORATION OP COUNTIES, COUNTY CONTRACTS, PROPERTY AND 

CLAIMS. 



Section. 

463. Each county is a body corporate. 
•464. Suits against a county. 

465. Contracts with the Inferior Court. 

466. Grants, deeds, &c. 

467. Property of the county. 

468. County buildings — by whom erected. 

469. Preservation of buildings, &c. 

470. Occupancy of rooms in Court-house. 

471. Court-houses, Jails, &c. 



Section. 

472. Injuries to public buildings, etc. 

473. Dimensions <fc construction of Jails. 

474. Tax — by whom levied. 

475. On failure to levy such tax. 

476. Public buildings, &c, to be inspected. 

477. Duty of the Judge. 

478. Claims against the county. 

479. Must be presented in twelve months. 

480. Judgments against the count v. 



suits vs. §464. Suits against a county must be against the Inferior 

county — J 



102 PT. 1.— TIT. 6.— County Organization. 

Chapter 2. — Incorporation of Counties, County Contracts, Property and Claims. 

Each county §463. Every county which has been, or may be established in 

is a body . . . , 

corporate, this State, is a body corporate with power to sue or be sued in 
any Court. 
§464. Si 

\°\ "ht C " 111 ^, and personally served on the Clerk of such Court, who 
must make an entry thereof on his minutes, and suits by the 
county must be in the name of the Inferior Court. 

contracts §465. All contracts entered into by the Justices of the Infe- 

ferior court rior Court, with other persons in behalf of the county, must be 

must be in . . . , , ■ 

writing. m writing, and entered on their minutes. 

Deeds made §466. All deeds, conveyances, grants, or other instruments, 

for the bene- t . -i -, -, -, -, , nr> n 

fit of the which have been, or may be made to any omcer or person lor 
the use and benefit of the county, vests in such county the title 
as fully as if made to such county by name. 

The justices §467. The Justices of the Inferior Court have the control of 

of the Infe- ,, -it- i -i-i-ii 

rior court all property belonging to the county, and may, by order, to be 
property of entered on their minutes, direct the disposal of any real property, 

the county. ' r J . 7 - 

which can lawfully be disposed of, and appoint a commission to 
make titles thereto, and the conveyance of such commission in 
accordance with such order, vests the grantee or vendee with the 
title of the county. 
county §468. The county buildings are to be erected and kept in 

buildings — :j . . 

by whom order and repair at the expense of the county, under the direc- 

erected, &c. . p . . 

tion of such Justices, who are authorized to make all necessary 
contracts for that purpose. 
Duty of the § 469. It is the duty of the Justices of the Inferior Court to 

Justices of t " 

the inferior erect or repair, when necessary, their respective Court Houses, 
1 ubiic build anc ^ ^ a ^ s ? an d a ^ other necessary county buildings, to furnish 
•ofds and re " eacn with all the furniture necessary for the different rooms, 
offices or cells, and to procure a fire-proof safe or safes, sufficient 
to hold at least all the minute books, and books containing re- 
cords of judgments, books of officer's bonds, all recognizances, 
the bonds of administrators, and guardians, the record of wills, 
and of appraisements and sales, unless the Court House has a 
fire-proof vault ; such books and papers, and all others that can, 
must be placed in such safes or vaults at night or when the offi- 
cers are absent. 
Koomsm §470. Such Justices shall designate the rooms in the Court 
House. House to be occupied by each of the county officers, and enter 
the same on their minutes, which they may change from time to 
time as convenience may require. 



PT. 1.— TIT. 6.— County Organization. 103 

Chapter 2. — Incorporation of Counties, County Contracts, Property and Claims. 

§471. The Court Houses, as well as Jails, the public grounds, court 

° " ' - 1 ~ ' Houses, 

and other county property, are placed in the keeping of the gj^jg* ™ 
Sheriffs of the respective counties, subject to the order of such ^Sk 
Justices, and it is their duty to preserve them from injury or 
waste and to prevent intrusions upon them. 

§ 472. If any person designedly destroy, injure or deface any injuries to ^ 
of the public buildings, the appurtenances thereto, or the furni- ggs, &c— 
ture inside, or shall use either for any indecent purpose, such isne °- 
person shall be guilty of a misdemeanor, and on conviction be 
fined, or imprisoned, or both, at the discretion of the Court,- be- 
sides being liable for the damages. 

§ 473. The Countv Jails hereafter constructed must be of suffi- Dimensions 

v " ana con- 

cient size and strength to contain and keep securely the prisoners ^™ ction of 
and debtors which may be confined therein, and must contain at 
least three apartments, properly ventilated, so as to secure the 
health of those confined therein one for debtors, one for crimi- 
nals, and one for females. 

§474. The Justices of the Inferior Courts of the several coun- T ^ justices 

v oi the Infe- 

ties have the power to levy an extra tax sufficient to carry into ™°* ' c ^ 3 a 
effect sections 468 and 469, without a recommendation by the ***■ 

Grand Jury, whenever the necessities arise. 

§475. If such Justices fail to comply with the requirement of 
said sections, or to levv the tax, or levv an exorbitant tax, or on failure to 

' <J ' <j ' levy an extra 

levy one when unnecessary, their conduct may be reviewed by tax a manda- 

< ' J ' <J «/ mus may 

the Judge of the Superior Court, by mandamus or injunction, issue - 
as the nature of the case may require, at the instance of any tax 
payer of the county. 

§476. It is the duty of the Grand Juries to inspect all theq ran( i j u - 
public buildings and other property of the county, and the spe*-t°pubiic 
county records, and to report in their general presentments their records, &c 
condition, and if they report that such Justices have failed to 
comply with the law, touching the same, it is the duty of the 
Solicitor General of the circuit to commence proceedings against 
them, that they may be compelled so to do, if they do not in 
good faith comply by the next term of the Superior Court. 

§477. The Judges of the Superior Court shall, when neces- Dut7 ofthe 
sary, call the attention of the Grand Jury to the duties required l^f^l the 
of such Justices in this chapter. Court 

§478. Such Justices must audit all claims against their respec- Aiidaimi 

u ~ - 1 against the 

tive counties, and every claim or such part thereof, as may be c0 ^5 r d t0 be 



104: 



PT. 1.— TIT. 6.— County Organization. 



Chapter 2. — Incorporation of Counties, County Contracts, Property and Claims. 



Must be pre- 
sented with- 
in twelve 
months. 



allowed, must be registered, and the Clerk of said Justices must 
give the claimant an order on the Treasurer for the amount. 

§479. All claims against counties must be presented within 
twelve months after they accrue or become payable, or the same 
are barred, unless held by minors or other persons laboring, 
under disabilities, who are allowed twelve months after the re- 
moval of such disability, 
judgments 8 480. The private property of the citizens of a countv shall 

against the ° £ . .. , . n . J 

county, how not be bound by any judgment obtained against the county, but 
such judgment, if binding, shall be satisfied from money raised 
by lawful taxation. 



CHAPTEE III. 

COUNTY KEVENTJE. 

Article 1. From Taxation. 
Article 2. From other sources. 



AETICLE I. 



FROM TAXATION. 



Section. 

481. Tax for county purposes. 

482. Duty of Justices Inferior Court. 

483. Failure of Grand Jury to recommend. 

484. When there are several Grand Juries. 

485. Creditors of the county. 

486. Objects of a county tax. 

487. When debts exceed amount raised. 

488. The order must specify the object. 

489. Must be advertised for 30 days. 

490. Specific taxes. 



Section. 

491. How entered, collected, and paid out. 

492. Collector's fees and liabilities. 

493. Payment of county tax, &c. 

494. Persons holding county tax. 

495. Failing to pay, execution may issue. 

496. Illegality — when — how tried. 

497. Persons borrowing county funds. 

498. Fi. Fa. or Ca. Sa. may issue. 

499. The Inferior Court may remit. 



Tax for 

county pur 



§ 481. The Justices of the Inferior Court have power to raise 
poses— now a tax for county purposes, over and above the tax they are here- 
inbefore empowered to levy, and not to exceed fifty per cent, up- 
on the amount of the State tax for the year it is levied, provided 

Two-thirds . . . 

of Grand ju- two-thirds of the Grand Jury at the first or Spring Term of their 

ry must re- d x o 

commend, respective counties recommend such tax. 

Duty of jus- §482. It is the duty of such Justices to see that by the time 

or court, of the organization of such Grand Jury, they shall have prepar- 



jk*\ 



PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 105 

Article 1. — From Taxation. 

ed by their County Treasurer, under their supervision, a state- 
ment of the financial condition of the county, and the amount Treasurer. 
of tax required to discharge the county liabilities for that year, 

" Financial 

which shall be by the Treasurer presented to the Foreman of the condition of 

, the county, 

Grand Jury, on the first day of Court, for inspection by that &c - 
body. 

§ 483. If from any cause such Grand Jury is not empanelled, if the Grand 
or they adjourn without taking any action thereon, or they refuse recwnmend 
to make such recommendation sufficient to discharge any judg- ' 
ment that may have been obtained against the county, or any 
debt for the payment whereof there is a mandamus, or the ne- 
cessary current expenses of the year, such Justices may levy the 
necessary tax without such recommendation. 

§ 484. When there are several Grand Juries empanelled dur- k there be 
ing such term, the recommendation of either panel shall be suf- Grand ju- 
ficient authority, but if there are counter presentments on the nes ' 
subject, it shall be as though there had been an entire failure to 
report thereon. 

§ 485. The right of a creditor of a county to compel such tax creditors of 

-,. . r> -i n • the count y 

levied, or of a tax payer to resist it, is the same as set fortli in and tax pay- 
section 475, touching tax for building. 

§ 486. County taxes shall be assessed for the folio wing purpo- objects of 

v *i- o x ± levying a 

ggg • county tax. 

1. To pay the legal indebtedness of the county, due or to be- 
come due during the year, or past due. 

2. To build or repair Court Houses or Jails, bridges or ferries, 
-or other public improvements, according to the contract. 

3. To pay Sheriffs, Jailors, or other officer's fees, that they may 
be legally entitled to, out of the county. 

4. To pay Coroners all fees that may be due them by the coun- 
ty for holding inquests. 

5. To pay the expenses of the county for Bailiffs at Courts, 
non-resident witnesses in criminal cases, fuel, servant hire, sta- 
tionery and the like. 

6. To pay Jurors, when by the local law they are allowed a per 
diem compensation. 

1. To pay expenses incurred in supporting the poor of the 
county, and as otherwise prescribed by this Code. 

8. To pay charges for educational purposes, to be levied only 
in strict compliance with the law. 

9. To pay any other lawful charge against the county. 



m 



106 PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 

Article 1. — From Taxation. 

when debts § 487. When debts have accumulated against the county so 

exceed in -i 

amount rais- that one hundred per cent, on the State tax, or the amount 

ed by taxa- t x 7 

tion, &c. specially allowed by local law, cannot pay the current expenses 
of the county and the debt in . one year, they shall be paid off as 
rapidly as possible, at least twenty-five per cent, every year. 

The order § 488. As soon as the county tax is assessed for the year, it 

must specify " \ \ 

the object, shall be done by order of such Justices and entered on their min- 

per cent. «* 

levied, and u tes, which must specify the per cent, levied for each specific 

be entered ' ± J L J. 

utes hemin " P ur P ose - The assessment applies to every species of value or 

specifics which is taxed by the State. 
The order to §489. The Clerk of the Inferior Court must advertise, imme- 
ed thirty 1S ~ diately, a copy of such order for thirty days, at the door of the 
cierk. 7 " 3 Court House, and in a public gazette, if one is published within 
the limits of their respective counties, and furnish the Tax Col- 
lector with another copy, and if he fails so to do, shall be fined 
by such Justices not less than fifty dollars. 
Taxes for a § 490. Taxes raised for educational purposes, or the support of 
purpose, the poor, or any other specific purpose, must be used for such 

purpose respectively, and none other. 
How enter- §491. All taxes so levied for county purposes must be assessed 
and paid out upon the Tax Receiver's books for each year, and collected by 
the Tax Collector, who shall pay the same to the County Treas- 
urer, except educational tax, which shall be paid to the Ordinary, 
collector's §492. The Tax Collector shall be allowed the same commis- 
biiity. l sions and fees for such collections as they are allowed by law for 
the collection of the State tax, and are liable to the same fines 
and forfeitures for any default or improper conduct. 
Payment— §493. Any other remedy or right allowed by law for the en- 
ed. ' forcement of the collection and payment of the State taxes, either 
by the Comptroller General or Tax Collector, may be used for 
the county taxes by the Justices of the Inferior Courts, 
holding § ^4. Such Justices shall also have authority to compel all 

compelled to P ersons J t ne i r heirs, Executors or Administrators, who have, or 
Sme°. ver the ma y nay e m their hands any county money, collected for any 

county purpose whatever, to pay over the same, 
on failure to §495. On failure to pay the same, such Justices shall cause 
tion may their Clerk to issue executions against such persons and their se- 
curities, if any, for the full amount appearing to be due, as the 
Comptroller General issues executions against defaulting Tax 
Collectors. 

§ 496. If such execution shall issue for too much, or if defen- 



issue. 



PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 



107 



Article 1. — From Taxation. 



dant denies, on oath, owing any part thereof, he may, by filing illegality— 
an affidavit of illegality, according to the rales governing other grounds. 
illegalities, cause an issue to be formed thereon, which shall be When and 
tried by a special jury at the first term of the Superior Court how trie<L 
thereafter. 

§ 497. The provisions of the foregoing four sections are appli- ah persons 
cable to all persons and their sureties, who may borrow, or pre- money be- 
tendedly borrow, any county money from any person having cus- the county 
tody thereof, and shall be, in all respects, held as holders of coun- the 4 prece- 
ty funds. ' tions. 

§498. Where the Justices of the Inferior Court are authorised Fi - f a - or 

° ca. %a. may 

to issue fi.fas., they are also authorized to issue ca. sas. on the isaue - 
same terms as other plaintiffs. 

§499. In all cases where persons have been overtaxed, or lor The justices 
any other cause taxes are claimed to be remitted, refunded or in nor court 
any manner claimed against, the Inferior Court shall be author- tie county 



ized to hear and determine such application to the extent of the 
interest of the county therein. 



tax. 



ARTICLE II. 



FROM OTHER SOURCES THAN TAXATION. 



Section. 

500. Sources of the County Revenue. 

501. Retail Licenses, Shows, &c. 

502. License issued for one year. 

503. Retailing spirits without license. 

504. Exhibiting shows, &c. 

505. Peddling without license. 

506. Tax-payer may demand a license. 



Section. 

507. Violations of preceding sections. 

508. Duty of Clerk in relation to shows. 

509. Special defence — how made. 

510. Damages against defendants. 

511. Not to interfere with Penal Code. 

512. Money raised — how appropriated. 

513. The Clerk failing to pay over money 



§ 500. All sums which are paid into the County Treasury, for ^t e8 rere- 
the following accounts, make a part of the county revenue, viz : JjJJ^SfJ^. 

1. For the authorized sale of any county property, unless oth- ation - 
erwise directed. 

2. For the rent or hire of any county property. 

3. For shows or exhibitions. 

4. For licenses to sell spirituous liquors in any quantities. 

5. From estrays. 

6. From licenses to peddle. 

7. From any other sources. 



108 PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 

Article 2. — From other Sources. 

Eetaiiu- §501. The county charges for such licenses are as follows: 

censes, exhi- _. .' 

wtionsand To retail spirituous liquors, $25 00 

To sell spirituous liquors, not by retail, in quantities less 

than one gallon, 5 00 

To peddle within the county, unless otherwise provided 

by the Inferior Court under the law, 50 00 

To exhibit shows with horses, 10 00 

To exhibit animals, beasts and the like, 10 00 

To exhibit pictures or figures, 5 00 

To exhibit any other show, not less than $5, nor more than $25, 

as the Justices of the Inferior Court may order. 
To exhibit theatricals, or musical entertainments, for profits to 
the proprietor, not more than $5 on each exhibition, and sub- 
ject to contract with the Court. 
Licenses, ex- §502. All such licenses, except exhibitions, are for the term of 

ceptforex- u ,..,-.. ., 

Mbitions, is- one year, extending to the county limits ; but license to retail or 

sue for one 

year. sell spirituous liquors, will only authorize, either by the person 

in whose name it issues, or his clerk, to sell at some one fixed 
place in the county, which must be specified in the license. 
Sthoutfi- § ^3. -^ an y P erson retails or sells spirituous liquors, without 
cense. g rs ^ obtaining such license, or, having obtained it, sells at any 
other or more places than the one fixed in the license, or trans- 
fers it, and allows it used by any other person than himself, or an 
authorized clerk, he forfeits to the county, for each violation, 
twenty-five dollars. 
xMMting - § 504. If any person exhibits any show, without first obtaining 
without ii-' such license, or exhibits a show different from that for which he 
obtained license, he forfeits to the county three times the cost of 
license for each exhibition. 
Peddling § 505. If any person peddles without first obtaining such li- 
cense, cense in counties where the Justices of the Inferior Court take no 
action regulating peddling, he forfeits to the county one hundred 
dollars for the first act of peddling, and for each month thereaf- 
ter, twenty-five dollars more. 
Any Tax- §506. Any Tax-payer of a county may call upon any person 

payermay . .* / ,- n i-i v V •/ If ■ -, 

demand a ii- m pursuit oi any occupation tor which a license must be obtained, 

CGHSG 

to exhibit his license, and if he fails so to do, it shall be sufficient 
grounds, on making affidavit of the fact, to cause such forfeiture, 
and if, on investigation, it appears that he has such license, he 
forfeits the sum of ten dollars and costs. 

§ 507. If any Justice of the Inferior Court, or Clerk thereof, of 



PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 109 

Article 2 — From other Sources. 
their own knowledge, knows of the violation of the foregoing: violations or 

.? .-n 7 n , -. , ,, & the3proce- 

three sections, or it any person will make arndavit of snch fact, <yng sec- 
it is the dnty of the several Clerks of the Inferior Courts of this punished. 
State, nnless they know to the contrary, to issue a process directed 
to all, and singular the Sheriffs and Constables of this State, for Clerk t0 i8 - 

. . sue process. 

the amount of such forfeit, commanding them to levy on suffi- 
cient of the property, real or personal of the defendant, to satisfy Levy, sale, 
the same and costs, and to levy and sell the same as in case of 
attachments, and in default of finding goods enough for such 
purpose, to arrest such defendant, and him safely keep as in 
cases of persons arrested under ca. sa. / such process must be re^2SS rb " 
turned to the Court from whence it issues. 

§ 508. If any show is on exhibition in any county without the Duty or the 
license required, it is the duty of the Clerk of the Inferior Court, inferior 
instanter, to place such process in the hands of such officer, and lation to 
if, on presentation, the license fee required, and all costs are in- 
stanter paid, it shall discharge the same, but not otherwise ; but 
if such course is not taken, it is no waiver of such forfeiture. 

§509. Persons against whom such process may issue may ar- Persons pro- 

CG (1 C d 

rest the same by swearing that they have not violated the law, against may 
on account of which process has issued, and by otherwise com- 
plying with the provisions of the section against persons hold- 
ing county funds, and which shall be returned and tried in the 
same manner. 

§510. If on the trial of such issue the jury who tries shall be- Damages 
lieve that such affidavit was filed for delay only, or is without SKts. " 
any excuse to sustain it, they shall so state in their verdict, and 
if they so find, the defendant shall pay twenty-five per cent, ad- 
ditional. 

§511. The penalties and forfeitures herein before set forth are Not to inter- 
not to interfere with any provision of the Penal Code, that is or penal code, 
may be enacted, making such acts penal. 

§512. The moneys arising from such licenses are to be paid to Money how 
the County Treasurer, to be used for county purposes, but one- ated. 
half of moneys arising from forfeitures go to the informers. 

§ 513. When any Clerk of the Inferior Court shall neglect to proceedings 
pay over to the County Treasurer, if he is not County Treasurer, Sing to pay 
or shall retain in his hands any money collected on account ofm'Ssh^ndl 
the county or belonging thereto, the Justices of the Inferior 
Court may compel him to do so by rule at any time, and if he 
then fails so to do they may issue fi. fa. against him and his 



110 



PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 



Article 1. — County Treasurers. 



securities as against defaulting tax collectors, and the proceed- 
ings then and afterwards shall in every respect be the same. 



CHAPTEE TV. 

COUNTY OFFICERS NOT HEREIN BEFORE SPECIFIED. 

Article 1. County Treasurer. 
Article 2. County Surveyor. 
Article 3. County Coroner. 



AETICLE I. 

COUNTY TREASURERS. 



Section. 

514. Election and term of office. 

515. Failure to elect at a regular time. 

516. "When such election should be held. 

517. Must give bond and take an oath. 

518. Term of office. 

519. Vacancies how filled. 

520. Qualifications. 

521. Clerk being appointed Treasurer. 

522. Oath of the County Treasurer. 

523. Amount of his bond. 

524. Appointees to fill vacancies. 

525. County funds by whom received, (fee. 

526. His office — where kept. 
52*7. Treasurer's duty, &c. 

528. His duty in making payments. 



Section. 

529. Books to be furnished. 

530. Books, &c, where deposited. 

531. Debts of county, what order paid. 

532. County orders — when payable. 

533. Persons holding orders. 

534. Orders not paid for want of funds. 

535. County orders negotiable. 

536. Treasurer shall not purchase. 

537. Buying at a discount, &c. 

538. Clerk failing to render a statement. 

539. Duty of the Treasurer, &c. 

540. Both offices held by same person. 

541. Treasurer failing to pay over. 

542. Must turn over books, &c. 

543. Final settlement on retiring. 



County 
Treasurer — 
how elected, 
and term of 
office. 



Justices of 
the Inferior 
Court failing 
to attend. 



"When the 
appointment 
should be 
made. 



Must take an 
oath and 
give bond. 



§ 514. County Treasurers are annually on the second Monday 
in January appointed by the Justices of the Inferior Court of 
each county, except every fourth year, when there is a regular 
election for such Justices, when it must be done as soon after 
their qualification as possible. 

§ 515. If there are not as many as three of such Justices in 
commission, who meet at the time designated for such appoint- 
ment, it may be adjourned from time to time until there are at 
least three present. 

§ 516. Such appointment should take place as long as possible 
before the first session of the Superior Courts in each county 
for the year. 

§ 517. No appointment is effectual until bond and security is 
given and the oath of office taken. 



PT. 1.— TIT. 6.— CHAP. 4.— County Organization. Ill 

Article 1. — County Treasurers. 

§518. When once appointed or elected, and qualified, they May be re- 

iiTT* m •! -i ■ Tf-i-i moved from 

hold their ornces nntil their successors are qualified, unless office, and 

how. 

sooner removed, and they may be removed in the same manner 
that Clerks of the Superior Courts may be, to be judged of by 
the Justices of the Inferior Court, unless elected by the people, 
and in that case by the Superior Court. 

§ 519. Vacancies are filled by the appointment of such Justices, J^mitd" 
whether the Treasurers are originally elected by the people or 
appointed by them. 

§ 520. No other conditions of eligibility are required save those ms quaim- 
that apply to all other officers, but no other officer can be 
County Treasurer except a Clerk of the Inferior Court. 

§ 521. When a Clerk of the Inferior Court is thus elected or The cierk of 
appointed, he shall take the oath and give the bond required of a court being 
County Treasurer, but the securities on his Treasurer's bond Treasurer 

. nn „ t r^ must take an 

shall be different from those on his Clerk s bond, unless they are oath and 

J J give bond. 

clearly able to satisfy both. His oath of office must be entered Theoathand 
on the minutes of the Inferior Court and filed in the office of the ^"recorded. 
Ordinary, and his official bond must be filed and recorded in 
said office. 

§ 522. County Treasurers before entering on the duties of The form of 
their office, besides the oath required of all civil officers, must 
take the following oath, viz : "I, , do swear I will faith- 
fully collect, disburse and account for all monies or other effects 
of the county, and otherwise faithfully discharge all the duties 
required of me by law, as County Treasurer. So help me 
God." 

§ 523. They shall also within ten days from their election or Amount of 
appointment, give a bond payable to the Justices of the Inferior 
Court of the county with securities to be by them approved, in a 
sum which in their judgments will be double the amount of 
the county tax for the ensuing year, receipts from other sources 
and cash on hand. 

§ 524. The bonds of appointees to fill vacancies shall be like- Appointees 

, . -, . . i . . . -i , . , i to fill vacan- 

wise m their discretion, taking into consideration tlie amount eies must 
that may come to their hands and for double such amount. 

§525. All county funds are to be paid to and disbursed bv the county 

J r ■ n funds, by 

County Treasurer, except such as may be specially excepted by whom re- 
law, and then to be collected and disbursed as speci ally ^direc ted. P aid ° ut - 
§ 526. He must keep his office at the Coiinty^EjB^j^|,y«JBS^^^ k 
place within one mile of the Court House. ^ ^/v 



LIBRARIES 




. A* ^ 



112 PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 

Article 1. — County Treasurers. 

Duty of the § 527. It is their duty — 

Treasurer in 1. To diligently collect from all officers and others all county 

eollecting. ° J J 

dues. 

2. To examine the minutes and execution dockets of the dif- 
ferent Courts of the counties, to demand and receive all monies 
appearing to be due thereon, and to institute proceedings against 
defaulters. 
Duty of 3. To pay without delay, when in funds, all orders, ac- 

Treasurer in cording to their dates, (or other debts due) and when not in 

funds as hereinafter prescribed. 
Must tak« 4. To take a receipt on each order when paid and carefully 

receipts. P1 

rile it away. 

5. To keep a well bound book in which shall be entered all 

receipts, stating when received, who from, and on what account, 

and all amounts paid out, stating when paid, to whom, and on 

what account. 
shaii keep a 6. To keep a well bound book in which shall be entered a full 
indebte°!- the description of all county orders, or other forms of indebtedness, 
count /. the as they are presented, to record a copy of the orders of the 

Inferior Court levying county taxes. 
shaii exhibit 7. To exhibit to the first Grand Jury at the first session of the 

the same to _ , _. pi r> n pi i • • ^ 

the Grand buperior Court oi each year, a lull statement ot the condition of 

Jury. l . 

a statement the County Treasury up to that time, and on the second Monday 
ty fnnds ll to in January annually to file with the Clerk of the Inferior Court 
the cierT of a full statement of his account, accompanied by his vouchers for 
court. * r the preceding year, together with his estimate of the indebted- 
ness of the county for the ensuing year, and the means of pro- 
viding therefor, and to place his books before either of said 
bodies for examination when called upon. 

8. To appear before either of said bodies to render an account 

of his actings and doings as County Treasurer, and to exhibit 

his books and vouchers whenever ratified. 

Annual 9. To publish at the door of the Court House, and in a public 

be\dver- ° gazette, if there is one published in the county, a copy of his 

tised. 



annual statement to the Justices of the Inferior Court. 



* 



Books, & C „ §528. All. books and stationery the County Treasurer may re- 
nished at quire must be furnished at the expense of the county. 

the county. -i i i ' /» i m 

Books, §529. When the books of such Ireasurer are full, they, to- 

a°c U — when gether with the vouchers or other files relating thereto, or 

connected with the office, must be deposited in the office of the 



PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 113 



Article 1. — County Treasurers. 



Clerk of the Inferior Court and afterwards be part of their 
records. 

§530. When there are funds enough to pay all outstanding The order in 

« 4 , ° x f & which the 

orders and other forms of indebtedness due, which the Treasurer debts of the 

1 t # county shall 

may be authorized to pay, they may be paid indiscriminately be P aid - 
without regard to their dates; when there is enough to pay all 
dated anterior to some particular dates, all such may be likewise 
paid indiscriminately ; when there is not enough to pay all of 
equal degree, they shall be paid rateably; under all other cir- 
cumstances they shall be paid in the order of their dates. 

§531. No order shall be paid until after five days from its county or- 
date and delivery, unless otherwise specially ordered, that the paid. 
Clerk of the Inferior Court may furnish in the meantime the 
County Treasurer with a full statement of all orders issued, 
which shall be by him immediately registered, and when so 
registered shall be paid according to law without further notice 
to the Treasurer previous to the time of payment. 

§532. If any person holding county orders shall fail to pre- Persons 
sent them by the first day of December of each year, to the county 01 - 
County Treasurer for payment, they shall be postponed, to all to present 
orders which were so presented and not paid for want of funds. 

§533. On the first day in December of each year such Trea- 0n )^ not _ 

° •J >> paid lorwant 

surer shall make an entry of all orders entitled to payment, of funds - 
which were not so presented for payment, and what orders not 
of equal dignity have been paid instead, in whole or in part, and 
what others are entitled to payment before such non-presented 
orders. Persons holding such orders, who present them without 
receiving their pay before said day, may have the Treasurer 
annually to mark thereon "presented" the day of presentation, 
and not paid for want of funds. 

§ 534. All county orders are negotiable by delivery or endorse- Cotmty or _ 
ment, and the endorser liable according to the terms of his JgJ negotl " 
endorsement, as in commercial paper, but no such transfer can 
take place so as to prevent a Treasurer from setting off any sum 
that the payee may be due the county at the date of the order. 

§ 535. Such Treasurer is forbid to buy up any county orders Treasurer 
or claims for less than their full par value, either by himself purchase or- 
or agents, directly or indirectly, or by paying for them in pro- count 
perty at an estimated value above its true value. 

§536. If any County Treasurer shall thus buy up any county 
order or claim, or refuse to pay an order when he has funds to 
8 



114 PT. 1.— TIT. 6.— CHAP. 1.— County Organization. 

Article 1. — County Treasurers. 



£ena%for p a y ^he same? or illegally postpone one, lie shall be removed from 
der JJ t J dto ; office on complaint and proof being made to the Justices of the 
fusing to Inferior Court, and is moreover guilty of a misdemeanor, and upon 
conviction shall be fined not less than $100 nor more than $500. 
The oierk §537. If any Clerk of the Inferior Court shall fail to render in 

failing to " 

render a at the time required, to the County Treasurer, a full statement 

statement to x ; " ? . 

the Treas- f the county orders as they are passed, (except from Providen- 
tial cause or unavoidable accident,) he is guilty of a contempt of 
Court, and shall be fined not less than $100 for each failure ; and 

lined not in case such Justices fail so to fine such Clerk, he is also guilty 

lpcc f lift 11 

$100. of a misdemeanor, and, on conviction, shall be likewise fined. 

Duty of the §538. If the Clerk is unable to render such schedule, or fails 
the failure 011 so to do by the end of five days, it is the duty of the County 
to make re- Treasurer to examine the proper books, minutes or files of such 
Clerk, and take therefrom such schedule, and on failure so to do, 
except from Providential cause, he incurs the same penalty that 
the Clerk does, 
when the of- §539. "When the Treasurer and the Clerk of the Inferior Court 
urerand \ are the same person, separate books must be kept, the same sep- 
by the same arate duties must be performed, so far as possible, and if a Clerk 
who is Treasurer is removed as Clerk, it works his removal as 
Treasurer. 
county § 540. When the County Treasurer, at any time, fails to pay any 

&3£gto order which is entitled to payment, or other legal demand upon 
moneyfexe- him, or to pay any balance that may be in his hands to his suc- 
issu 10 . n r ' cessor, or to the person entitled to receive it, the Justices of the sev- 
eral Inferior Courts may issue execution against him and his sure- 
ties for the amount due, as against a defaulting Tax Collector. 
county §541. In case of the resignation, expiration of the term, or 

must tuni removal from office, such Treasurer, or if he is dead, his personal 
successor 8 representative must state his accounts, and deliver all the mo- 
00 8 ' c ' ney, books, papers and property of the county to his successor, as 
other officers do, who must report the same immediately to the 
Justices of the Inferior Court. 
Final settle- § 542. When such County Treasurer, or his representative, 
wring TrSs- has made a fair and full statement of all his accounts and lia- 
bilities as such, an exoneration of himself and. sureties, together 
with the details of such settlement, must be entered on the min- 
utes of the Inferior Court, and be final except for fraud. 

Note. — In many counties the Treasurer is elected by the people — see local acts as 
to each county, none of which are included in this Code, or repealed by its adoption, 
unless expressly mentioned. 



PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 115 

Article 2. — County Surveyors. 



ABTICLE II. 

COUNTY SURVEYORS, 



•Section. 

543. How elected & removed from office. 

544. Failing to elect at the regular term. 

545. Appointed by the Court 

546. His oath and bond. 

547. May be removed from office. 

548. One for each county. 

549. Assistant must take an oath. 

550. May keep his office at his residence. 



Section. 

551. General duty of County Surveyor. 

552. Fees for surveys — how paid. 

553. Survey made between counties. 

554. Charges for surveys — how contested. 

555. Surveys and plats — when [evidence. 

556. When there is no County Surveyor. 

557. Others acting as County Surveyors. 

558. Making false survey — how punished. 



§ 543. County Surveyors are elected, commissioned, qualified county sur- 
and removed as Clerks of the Superior Courts are, and hold their 15S, £Z 
offices two years. 

§ 544. In case there is a failure to elect a person who is com- °° ^ n > ire t0 

o r elect at reg- 

missioned and qualified at the regular time, or a vacancy occurs, ular timo - 
the Justices of the Inferior Court must appoint such Surveyors, 
which appointment takes effect as prescribed in the case of Coun- 
ty Treasurers. 

§ 545. If a County Surveyor derives his authority from ap- if appoints 
pointment, he needs no commission beyond the order of such Jus- courthe 
tices entered on their minutes, of which appointment the Gover- commission. 
nor of the State must be informed by their Clerk without delay. 

§546. Before entering on the duties of his office, besides the his oath, 
oath required of all civil officers, he must take the following : 

" I, ■ , swear that I will, to the best of my skill and 

knowledge, discharge the duties of Surveyor of ■ county, 

and that I will not admeasure, survey or lay out any land in my 
capacity as such, or knowingly permit or cause it to be done, 
without a warrant first obtained for that purpose. So help me 
God." He shall also, at the same time, ffive bond and security 
in the sum of one thousand dollars. 

§ 547. "Whether appointed or elected, besides the causes of re- May bo re- 
moval, which apply to all officers, he may be removed by the the justices 
Justices of the Inferior Court, for want of capacity, on the same rior court. 
proceeding before them and by them to be decided, that officers 
are removed in the Superior Courts. 

§ 548. There must be one for each county, and he is empow- Must be one 
ered to appoint one or more assistants or deputies, for whose con- county. 
duct he is responsible. JStant. aa 



116 PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 

Article 2. — County Surveyors. 

Must take an §549. When such an assistant is appointed, he must take the 
same oath the Surveyor takes, and the fact of the appointment 
must, at the same time, be entered on the minutes of the Inferior 
Court. 

May keep 8 550. The County Surveyor may keep his office at his place of 

his office at ° \. • r* i 

his resi- abode, if within the limits oi the county. 

dence. ; 

§ 551. It is his duty — 
The duty of 1. To punctually observe and carry into effect all such orders 
survey™/ as he may receive from the Surveyor General, or other officer 
who may lawfully command him. 

2. To admeasure and lay off dower, to partition lands, to make 

re-surveys, to give plats of all surveys, and to administer all oaths 

required by law in such cases. 

Must survey 3. To survey county lines and district lines, or other surveys, 

district l in which his county may be interested, whenever required by 

the Justices of the Inferior Court. 

4. To execute all surveys required by the rule of any Court of 
competent jurisdiction. 
Must keep a 5. To keep a Avell bound book in which shall be entered plats 
of all surveys made by him, with a minute of the names of the 
chain-bearers, when executed, by whose order and to whom plat 
delivered, if any, which book shall belong to his office, and be 
turned over to his successor, and, when full, shall be deposited in 
the office of the Clerk of the Inferior Court. 
Fees for sur- § 552. "When surveys are made for private or corporate benefit, 
paid. ' the fees are to be paid by the person or persons, or corporation 
who orders the survey, when by order of the Justices of the In- 
ferior Court, out of the county funds, and when, by rule of Court, 
unless otherwise agreed upon, they are to be taxed in the bill of 
costs, and shall have the effect of a judgment lien upon the land 
surveyed, if not paid by the party bound for costs, 
survey be- § 553. When a survey is made by agreement, or in compliance 
ties. with the law, between two or more counties, the County Survey- 

or who performs the survey is to be paid by his county, who must 
collect from the other counties their proportion. 
Payment of §554. If after a County Surveyor has made a survey for any 
fees— how person, who neglects to pay him, such Surveyor, upon making 
oath before the Clerk of the Inferior Court of his county of the 
performance of such service, and its value, such Clerk shall issue 
a fi. fa., in the name of the Justices of the Inferior Court, for 
the use of such Surveyor, against such defaulter, who may defend 



PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 



11' 



Article 3. — County Surveyors. 



himself -therefor, in the same manner as persons against whom 
executions issue who detain county funds. 

§555. Surveys or plats of land made by the County Survey- surveys or 
or, under order of Court, and on notice to all the parties of when 
lands within his county, signed by him officially, and stating 
the contents, courses, distances, of any land surveyed by him, 
are presumptive evidence of the facts, if all the requisites of the 
law touching such surveys and the reports thereof are complied 
with. 



plats of land 

evi- 
dence. 



§00 6. When there is no County Surveyor any competent per- when there 

„ ' * ' -i • -i ■• i • is no County 

son, a citizen oi the county, may perlorm his duties, when speci- surveyor, 

ally required, if first sworn to do the same skillfully, faithfully, act. 

and impartially, to the best of his knowledge, or in default of 

such person the County Surveyor of any adjoining county may 

officiate. 

§557. Persons performing such service are on the same footino; Persons act- 

~; ■■*• " -i * n » as eoun- 

as County Surveyors as to the special service rendered, and are ty surveyor 

personally liable as such Surveyors are officially. such - 

§558. When any County Surveyor, or other person acting as raise survey 

such, lias knowingly surveyed land as vacant land which is not, 

or so made any other false survey, he is guilty of a misdemeanor, 

and on indictment and conviction, shall be imprisoned not longer 

than six months. 



and penalty. 



ARTICLE III. 



CORONERS. 



Section. 

559. How elected and removed from office. 

560. Justices Inferior Court may appoint. 

561. Coroner's oath. 

562. Must give bond and surety. 

563. Additional surety may be required. 

564. Jailor, when Sheriff is imprisoned. 

565. Shall serve process in certain cases. 

566. Shall hold inquests in certain cases. 



Section. 
56?. May disinter dead bodies. 

568. Subject to indictment. 

569. Inquest unnecessary in certain cases. 

570. Death by accident, &c. 

571. Costs paid out of county funds, kc 

572. On conviction, costs a part thereof. 

573. Justice of the Peace may act, &c. 



§559. Coroners are elected, commissioned, qualified and re-coronere- 
moved, as Clerks of the Superior Courts are, and hold their offi- and remov- 
€es lor two years. 

§ 560. The Justices of the Inferior Courts appoint Coroners, 
on the same terms and in the same manner that they do Countv 



t'» 



118 PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 

Article 3. — County Coroners. 

tte inferior Surveyors, and which appointments take effect as those of Coun- 

$&r ty Treasurers. 

coroner's § 561. Before entering on the duties of his office, besides the 
oath required of all civil officers, he must take the following :: 
"I swear that I will well and truly serve the State of Georgia in 
said office, and will faithfully and truly execute all writs and pre- 
cepts to me directed, or which I may lawfully execute, when 
placed in my charge, and return the same according to the best 
of my knowledge, skill, and judgment; that I will, in no case, 
knowingly use or exercise my office illegally, corruptly, or un- 
justly, and that I will not, under any pretence, take, accept, or 
enjoy, any fee or reward pertaining to my office, other than such 
as are allowed by law, but that I will, in all things touching the 
duties of my office, demean myself honestly, fairly and impar- 
tially, according to the best of my ability. So help me God." 

Must give §562. He must likewise, at the same time, give bond and 

suret£ n surety in the sum of five hundred dollars, which may be for a 
greater or less amount, according to the local law now or hereaf- 

Liabieas ter ^ n f° rc e. He is liable for retaining monies collected, or 

sheriffs. otherwise failing to do his duty, as Sheriffs are, and are subject 
to the same proceedings. 

Additional § 563. "When a Coroner has to act in the place of a Sheriff 

required, generally or specially, the Justices of the Inferior Court may re- 
quire of him an additional bond, in such sum and with such sure- 
ties as in their discretion they may think sufficient to meet the 
contingency. 

Keeper of §564. He is keeper of the Jail, when the Sheriff is imprison*- 
aiis-when. Q ^ QJ , a ^ QIi ^ f rom the county leaving no deputy. 

shall servo §565. When a Sheriff is disqualified, and it does not appear 

Shat cases! upon the face of the proceedings, or he or his deputy refuses to 
perform a service, if any person makes affidavit thereof, the 
Clerk of the Court from which it issues shall place the process in 
the' ? hands of the Coroner for execution, and may compel its re- 
turn to his office for such purpose. 

shall hold § ^66- It is the duty of the Coroner to take inquests — 

w5at e catel n 1- Of all violent, sudden, or casual deaths. 

2. Of all deaths in prison, without an attending physician. 

3. Of all dead bodies found, whether of persons known or un- 
known. 

4. Of all dead bodies of persons who have died or disappeared 
under suspicious circumstances. 



PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 119 



Article 1. — County Coroners. 



5. Of the dead bodies of persons of whom affidavit may be 
made, that they came to their deatli by violence or foul play. 

6. Whenever ordered by a Court having criminal jurisdiction. 

§567. They are authorized, in order to carry into effect the Mny disinter 

t • t • -it-1 -i-i «i dead bodies. 

preceding section, to disinter any body already buried, and, like 
a Sheriff, to command the power of the county for that purpose. 

§568. If any person makes affidavit to facts to authorize such person mak- 
proceeding by the Coroner, or the Coroner does so of his ownsufjectto 
motion, and it is done without good grounds, or from malice or 
mischief, the person so swearing, or the Coroner so officiating, is 
subject to indictment, and if convicted shall be fined not less 
than one hundred dollars and imprisoned not less than thirty 0n ^ ,_ 
days. In such cases all the circumstances shall go to the jury, fijj/jjjj U 
and if they believe there were reasonable grounds for the clisin- impnsoned - 
terment at the time it took place, it is their duty to acquit. 

§ 569. When persons have come to their death by violence, and An inquest 
there are witnesses to it, and the person accused is under arrest 
and undergoes an examination before a competent tribunal, there 
need not be an inquest. 

§570. There also need be no inquest where persons come to Death by ae- 
their death by accident or act of God, in presence of witnesses, actTf God. * 
and there is no reason to suspect foul play, and no person makes 
affidavit of facts raising such suspicions. 

§571. The costs of such inquest shall be paid out of the coun- cost to be 

" x paid by the 

ty funds. county. 

§ 572. If any person is convicted of murder or manslaughter n the party 

° *> x ° charged is 

in a case where an inquest has been held over the body of the convicted, 

J- v t the costs 

person for slaying whom he is convicted, the costs of the inquest JJ^X^JJ? 
makes a part of the costs of the conviction, and must be so victiou - 
charged. 

§573. When there is no Coroner in a county, or he is absent a Justice of 

° , . the Peace 

from the county when needed, or will not or cannot take an m- may act. 
quest, any Justice of the Peace of the county may act as Coro- 
ner. 



120 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 1. — Public Roads. 



CHAPTEE Y. 

ROADS, BRIDGES, FERRIES, TURNPIKES, CAUSEWAYS, CROSSINGS, &c. 

Article 1. Public Roads. 

Article 2. Road Commissioners and their Duties. 
Article 3. Bridges, Ferries, Turnpikes and Causeways. 
Article 4. Railroad Crossings. 



Article 5. Private Ways. 



ARTICLE I. 



PUBLIC ROADS. 



Section". 

5*74. "What roads are considered public. 
575. Shall be thirty feet wide. 
5*76. Bridges & Causeways 16 feet wide. 
517. Districts laid out, &c. 

578. Roads & Districts to be registered. 

579. How laid out or altered. 

580. Notice of application advertised, &c. 

581. Holders of land — how notified. 

582. Roads established, &c. 

583. Application must be in writing. 

584. Laid out the nearest and best way. 

585. Persons subject to road duty. 

586. What roads to be worked. 

587. Number of days required to work. 

588. List of hands to be furnished. 

589. Must be summoned one day. 

590. What the notice must contain. 

591. Duty of the overseer. 

592. Sudden obstructions inroads. 

593. Special working to be deducted. 

594. Defaulters fined one to three dollars. 

595. Extraordinary implements. 

596. Road may be apportioned. 

597. Persons to whom road apportioned. 

598. Applicant refusing to accept. 

599. Failing to work after acceptance. 

600. Complaint against Commissioners. 



Section. 

601. Defaulters may file excuse. 

602. Executions against defaulters. 

603. Fine money — how appropriated. 

604. Constables collecting, &c. 

605. Lien of fi. fa. 

606. Timbers used for road purposes. 

607. Public roads measured and posted. 

608. Sign boards to be put up at forks. 

609. Failure to put up posts, &c. 

610. Overseer may be indicted. 

611. Railroad hands — how exempted. 

612. Land owners aggrieved, &c. 

613. Persons claiming damages, &c. 

614. Trial — how conducted. 

615. Notice to Justices, &c. 

616. The time and place of meeting. 

617. Objections to jurors. 

618. Continuances, &c. 

619. Mis-trial. 

620. Certiorari. 

621. Final judgment and payment. 

622. "Value of the land — how estimated. 

623. Consequential damages. 

624. Overseer may be fined. 

625. Altering or obstructing public roads. 

626. By a fence or tree. 

627. Main streets in towns or cities. 



public roads §574. All roads laid out for public use by an act of the Gen- 
eral Assembly, if not otherwise provided, or by an order of the 
Justices of the Inferior Court, are declared to be public roads. 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 121 

Article 1. — Public Roads. 

§ 575. Tliev sliall be cleared of all trees, stumps, grubs and shaii be 

c J -, . , thirty feet 

bushes, at least thirty feet wide, and of such limbs of trees as wide, 
may incommode horsemen or carriages ; stumps must be cut as 
nearly even with the surface as possible, and the carriage track 
must be at least five feet six inches wide. 

§ 570. All bridges or causeways over small water courses, and Bridges and 

v ° •' m causeways. 

causeways over swamps or low lands, shall be made and kept m 

repair by hands subject to work on roads, the pieces shall be laid 

across the road at least sixteen feet Ions;, well secured, made fast, Shall be six- 
es ' ' ' teen feet 

and covered with earth. . widc - 

§ 577. The Justices of the Inferior Court must lay off their Road dis- 

. . tricts laid off 

respective counties into road, districts, and apportion the roads and bands 

i i i t • i i i i i apportioned. 

and hands so as to divide the labor and expense, on account of 
roads, causeways and bridges, equally throughout said counties, 
all of which proceedings must be entered on the minutes. 

§578. They must cause their Clerk to keep registered in a Public roada 

" t t . . and road dis- 

book in his office a list of all public roads, and road districts, tric . ts to b , c 

x ' ' registered. 

in the county, to be added to and corrected from time to time 
as new roads or new districts are laid out or old ones altered or 
discontinued. 

§579. On application to them for any new road, or alteration Public roads 

IT 11 1 11 • 1 1 •• ^ 0W lai< * 

m an old road, they shall appoint three road commissioners, re- out or ai- 
sicling as near where such road is intended to pass as possible, 
and if they find it of public utility they must proceed to mark 
it out, and make their report under oath to such Justices, that it 
was laid out and marked conformably to law. 

§580. If such Justices, on the investigation had, are willing Notice of ap- 
to grant such road, or make alteration in an old road, they shall must be ad- 

n ' ' J vertisc-d for 

cause the Clerk to publish a citation for thirty days at the door thirty days, 
of the Court House, and in a public gazette, if there is one in 
the county, giving a particular description of the new road, or 
the alteration, notifying all persons that on and after a certain 
day therein named, said new road or alteration will be finally 
granted, if no good cause is shown to the contrary. 

§581. All persons, their overseers or agents, residing on land persons in 
which such road goes through, except the applicants for the road benotmed. 
or alteration, must be at the same time notified in writing, per- 
sonally or by leaving it at their most notorious place of abode, 
that they may put in their claim for damages or forever after be 
estopped. 



122 PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 1. — Public Eoads. 



Void roads. §582. All public roads established without a substantial com- 
pliance with the provisions of the last named sections, are void. 
Application §583. Applications for the discontinuance of an old road, in 

must dp m , # f x ' 

writing. whole or in part, must likewise be made to such Justices in wri- 
ting, and likewise published before it shall take effect. 
Must be kid §584. All public roads shall be laid out the nearest and best 

out the near- .. i • ' -i i • t i -iti 

est and best way to the place to which they are intended, and as little as can 

be to the prejudice of any private person's enclosed grounds. 
Persons sub- §585. All white male inhabitants between the ages of sixteen 
road duty, and forty-five, all free male negroes and male slaves not under 
" ; sixteen nor exceeding sixty years of age, are subject to work on 
the public roads, except such as are specially exempted, 
on what § 586. The same road hands shall not be compelled to work on Si 

compeKto more than one public road, which must come Avithin three miles 
of their residence, except in opening a new road, when all the 
road hands of the road district are subject to work upon it. 
Not required §587. Poad hands are not required to work exceeding five I 
morTthan days at one time consecutively, nor more than fifteen days alto- 
ays * gether, in twelve months, unless sudden emergencies require the 1 
immediate repairing of the roads, causeways and bridges within 
their respective districts. 
a list of §588. The several owners, managers or employers of male 

furnished, slaves shall, whenever required, furnish the overseers of the dis- 
trict with a list of them in writing, who are liable to work on 
Penalty for the public roads, signed by them, under a penalty of paying 
r sing. tiwQQ dollars for each male slave so liable to road duty and whose 
names are not furnished, to be collected as fines for not working 
the road. 
Hands to be § 589. Overseers of roads in their respective districts shall 
onTXy ed summon all persons liable to road duty, within the district, at 

least one day before the time of working, 
what the §590. Such summons must state the road to be worked, the 
contain. ' time and place for meeting, and the implements required, 
overseer— § 591. Such overseers shall superintend the working on the 
roads assigned them by the commissioners, cause the same to be 
worked and repaired in the best possible manner, and make a re- 
pefauiters turn thereof to the commissioners in writing; within five days 

to be re- . 

turned. after each time of working, of all defaults and deficiencies which 

may have taken place. 
sudVniybe- § 592. When any road or bridge or causeway may become sud- 
passabfe! m " denly impassable, it is the duty of such overseer to call out as 






PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 123 

Article 1. — Public Roads. 

many hands as necessary to repair the same after giving one day's 
notice. 

§593. They shall take notice of the time such hands are em-Thnoofspe- 
ployed on such special workings, and shall excuse them from road to be ae- 

ducted - 

duty an equal number of days out of the whole number all hands 
are required to work during the year. 
§ 594. Every individual, by himself or slaves, liable to road Defaulters 

° » 7 J 1 to be fined 

duty, who, being duly summoned to work, shall neglect to obey got less than 
such summons, and to carry the implements as ordered, or ap- than $ 3 - 
pearing with or without the implements, neglects or refuses 
faithfully to work, forfeits not less than one, nor more than three 
dollars for each hand for every day he or they fail to work. 

§595. If any other instrument than ordinary farming tools Extraordi- 

, 1 1 . . . nary imple- 

are necessary to keep the road m repair, the overseer may receive ments— how 

obtained. 

them in exchange for the labor of hands, or may apply to the 
Justices of the Inferior Court, who may authorize him to con- 
tract for such as may be necessary, and pay for the same out of 
the County Treasury. 

§ 596. When a person liable to road duty makes an applica- public roads 
tion to the Road Commissioners for a proportion of road for him- ™ rIioned P to 
self and hands to work on and keep in repair, they shall parcel app ' 
off to each applicant some equal and just portion of said road, to 
be increased or diminished, according to the number of hands, 
and to be judged of by the commissioners. 

§ 597. Persons to whom portions of roads are thus apportioned, Duty ofper- 
must make annual returns to their respective commissioners, a portion of 
whenever they require them, of the number and names of their work. 
hands liable to road work, and after they have received and put 
in good repair their respective portions, such hands shall not be 
transferred to any other part of the road, or compelled to do any 
other road work, so long as they perform their work satisfactorily 
to the commissioners. 

§598. If the applicants do not accept the portion of road as- Persons re- 

ti -it •• i m l* fusing to as- 

signed them by the commissioners, they must still work m com- cept a por- 

° . , , J tion of such 

mon with the other hands of their road districts. road s- 

§ 599. If, after having accepted such portions, they neglect to Penalty for 

keep them in good repair, they are liable to all the penalties and keep Such 

forfeitures to which commissioners are liable for neglect of duty, 

besides the usual road fines on the hands. 

§600. If such commissioners assign any person a portion of Comp i alnt 

road thus to work, which, taking into consideration his number SSJnerT" 



124 PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 1. — Public Eoads. 




of hands as compared to the number liable to do road duty on 
such road, is not an equal share of the labor, any white male 
road-worker of the same road and district, may complain to 
the Justices of the Inferior Court at any time, and on giving such 

Three days 1 person three days' notice thereof in writing, such Justices may 
summarily hear all the evidence, and if they believe the com- ( 
plaint is just, they shall revoke such grant by the commissioners, j 
and so have them instantly informed by their Clerk. 

Defaulters § 601. All defaulters must file their excuses, if anv, on oath 

may file ex- u . 

cuse. before the commissioners, who must meet at some place within I 

the district for fining defaulters, of which place of meeting they 

Son ™s must shall give ten days' notice, in writing, at one or more of the most j 

iayVnotice. public places in the district, and no other notice shall be neces- 
sary. 

Executions g 602. Such commissioners must issue executions under their 

against de- ° 

fauiters. hands and seals, against all defaulters who fail to render a good 

excuse, directed to any lawfnl Constable, who shall levy and col- 

J lect the same as executions issued from the Justices' Courts. 

Fines— how § 603. When such fi. fas. are collected within ten days there- 
disposed of. ° i «i pi "."■'. 

after, the amounts must be paid to any one of the commissioners, 

one-half of which shall be paid to the overseer having had charge 

of the hands fined ; the other half to the County Treasurer, to be 

used in the building or repairing of bridges, 
constables § 601. If Constables neglect their duty in collecting such fi.fas., 
ruled. or tail to pay over the money, they are subject to rule and suit 

at the instance of such commissioners, as though the Jl. fas. had 

issued from a Justices' Court. 
Lien of com- § 605. The liens of such judgments are the same as any other 

missioners 1 . ■% -. . -.. , , -,. ., 

judgment, judgment, and claim according to their priority m the distribu- 
tion of money, except that no property is exempt therefrom, and 

claim 1 * 7 ° r if illegalities or claims are interposed, they must be returned as 
though issued from a Justices' Court, in which the road district 
is situated in whole or in part. 

Timbers S 606. Overseers are authorized to make use of any timbers for 

may be used. , . ^ n 

the use of the roads, and may make contracts with owners ol 

land for other timber, if indispensable, and if they disagree as to 

the value, the overseer shall appoint one arbitrator and the owner 

another, who, without further formality, shall assess the value, 

roadpur° r an d ^ they disagree, to call in an umpire, whose decision is final, 

paidmr°in e the valuation so awarded must then be reduced to writing, and 

cases! n signed by the arbitrators, and upon the production of the same, 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 125 

Article 1. — Public Roads. 

with a certificate of the overseer, that he used the timber as- 
sessed, must be allowed by the Justices of the Inferior Court, 
and paid out of the County Treasury. 

§ 607. They shall measure all that part of the road to which Roads to be 
they may be appointed, beginning at the Court House, and at 
the end of each mile set up a post or mark on some conspicuous 
place, which shall designate the number of miles from thence to 
said Court House, and the overseer in the next adjoining district 
shall likewise begin to measure and mark at the last mile post Mile i> osts 

° * erected. 

in the district thus measured ; but when such district shall end at 
some county line he shall, by some post or mark, designate the 
distance from such county line to their respective Court Houses. 

§ 608. They shall, at the fork of each public road, place in some sign-boards. 
substantial and conspicuous manner a board or other mark, desig- 
nating thereon the most public place to which each road directs, 
and if any road is altered so as to make the fork at some other 
place, or as not to make necessary such sign-boards, they shall be 
removed and replaced, or either if necessary. 

§ 609. If any overseer fails to comply with the provisions of the overseer 
two immediately preceding sections he forfeits not exceeding fifty up polteand 
dollars, to be imposed and collected as other fines against him. 

§ 610. If any overseer omits to do his duty with respect to the overseer 
roads, bridges, and causeways under his charge, for as much as Ssdifty? 
thirty days from the time the necessity for any immediate work 
occurs, unless hindered by extreme bad weather, or other Provi- , . 

y . . , May be m- 

dential cause, he shall be indicted for a misdemeanor, and on con- tlicted - 
viction shall be fined or imprisoned, at the discretion of the 
Court, and is also liable for all damages at the suit of any person Liable for 
injured by such omission. 

§611. Hands liable to road work, employed as laborers on the Railroad 

hands ex- 
line of anv Pailroad of this State belonging to an incorporated empt by 

J . . paving $1.00 

Company, or by any contractors constructing Railroads, are ex- per day. 
empted from work on the public roads, provided the public road 
overseer having charge of them respectively are paid one dollar 
per day for each hand so liable, which money shall be expended 
in hiring hands to work on the roads. * 

§ 612. When any person shall feel aggrieved by any road pro- Land hoid- 
posed to be laid out through any of his land, unless otherwise ed— fow re- 
provided in the Charter thereof, or some special law, he may pe- 
tition in writing the Justices of the Inferior Court, either of 
whom shall direct their Clerk to issue a warrant under his hand. 



126 PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 

Article 1. — Public Eoads. 



Trial by ju- 
ry. 



directed to the Sheriff of the county, to summon from the vicin- 
age a jury of freeholders to try such question of damage, who shall 
be sworn by some Justice of the Peace to truly and impartially 
assess any damage the owner will sustain by means of such new 
or altered road, and said Justice shall preside over their delibera- 
tions, 
incompeten- § 613. No person is competent as a "juror who claims anv dam- 

cy of jurors. x /»> i • 

age of the county or person for the same or any similar road, or 
who would be disqualified if the trial was before the Superior 
Court. 
Trial— how § 614. The iury shall inspect the road and land in person, un- 

conducted. „'..,, , . 

less already familiar with them, and swear any witnesses that the 

owner or any person on the part of the county may offer, as to 

their opinion of the damages sustained. 

justices and § 615. The Sheriff shall notify the Justice of the Peace and 

missioners the Poad Commissioners of the district where the road lies, and 

to be notifi- , 

«d. the owner of the land, the day and place of trial, and shall no- 

ers and wit- tify to attend then and there, as witnesses, any persons he may be 

xicsscs to 1)0 

notified. requested to by such commissioners, or the owner. 

sheriff shall § 616. He shall fix the time and place, the time not less than 

place of ' five nor more than twenty days, and the place as near the land 

' as the proper house-room can be obtained. 
objections § 617. At the trial any person in interest may object to the 

empaneling of any juror for cause, and if from this or any other 

cause there are not twelve jurors empaneled and sworn, the 

Sheriff must proceed to procure tales jurors. 
Trial may be §618. The trial maybe postponed or continued from day to 

day until completed, and if the Justice of the Peace summoned 
justice fail- to attend should fail to preside, the Sheriff must supply the va- 

ing to attend r ' . rr J 

cancy, n necessary, from some other district. 
Mis-trial § 619. If a mis-trial occurs the Sheriff shall proceed de novo to 

summon other jurors, and all the proceedings shall be as at first, 

and so on until there is a verdict. 
oortiorari. § 620. The judgment in such cases may be certiiora/ried by the 

county or the owner of the land, as in certiorari from forcible 

entry and detainer trials, and if a new trial is ordered, they shall 

proceed to procure a trial as previously. 
Mnai judg- § 6^1. When such judgment becomes final all the papers apper- 
ment taining thereto must be filed in the Clerk's office of the Inferior 
Damages— Court ; the Justices thereof must grant an order for the damages 
how paid. assessec i j n f avor f the land owner, but if such Justices are sat- 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 12T 

Article ] . — Public Roads. 



isfied that such damages transcend the utility of such road, or 
that part of it, they may revoke the road altogether, or order the 
same altered so as to avoid the land so damaged, or make the 
owner an offer of such compensation as they may think just. 

§ 622. In estimating the value of land when taken for public Valne of 
uses, it is not restricted to its agricultural or productive qualities, KnatSL 
but inquiry may be made as to all other legitimate purposes to 
which the property could be appropriated. 

§623. Prospective and consequential damages resulting there- Consequen . 
from may be also taken into consideration, if the same are plain tml damagoa ' 
and appreciable, and on the other hand, the increase of the value 
of the land from the proposed public improvement may be con- 
sidered, but in no case shall the owner be deprived of the actual 
damages by such estimated increase. 

8 624. If any overseer, within twelve months after his appoint- overseer 

° " J * L neglecting 

ment, neglects faithfully to discharge the duties required of him his flut x< &c - 
he is subject to a fine not exceeding fifty dollars by the com- 
missioners under whom he serves, who shall notify him of his 

neglect, and unless a good excuse is rendered to them within Fine impos- 
ed ' p ed and eol- 

twenty days from the time of such notice they shall issue execu- lcctetl - 
tion for the fine assessed. 

§625. If any person shall alter any public road or cut any Altering or 
ditch across, or alter the location of any bridge, or make any public rood, 
new bridge necessary by his act, without first obtaining an or- 
der therefor, he is guilty of a misdemeanor, and on conviction 
thereof shall be fined not less than twenty-five nor more than Fine not less 
one thousand dollars, and shall be liable besides, by suit, for all more than 101 " 
damages any person may sustain thereby. 

§ 626. When any person shall make any fence or cut any tree, obstructions 
or make other like obstructions in or across any public road, tr y ee, ifn C o e t° r 
which is not removed in two days and a safe and convenient way, re 
at the time of the obstruction, made for travelers, he shall pay a 
fine of twenty dollars for each obstruction, to be recovered by Fine $20 for 
execution issued by the commissioners, as in cases of road fines, 
and shall be liable for any damages caused by the obstruction, 
from the first to the last, if the person injured used ordinary cau- 
tion. 

§ 627. And when the main streets of any incorporated town or Main strcet8 
city continue in a state of neglect for three months, the Justices of St£r»5? 
the Peace therein are, by virtue of their office, Road Commis- month! *! 
sioners, and shall appoint overseers, apportion the hands that 



128 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 1. — Public Koads. 



acTSoad wou ^ be liable to road duty, throughout the town, have the 
" s " streets worked on, as though they were public roads, and must, 

in every other respect, perform the duties of Road Commission- 
fb? ne|ieS! d ers > and for neglect of any other duty, or violation of any of the 

road laws, are liable to fine as such commissioners. 






ARTICLE II. 

COMMISSIONERS OF PUBLIC ROADS. 



Section. 

628. Three for each district. 

629. How appointed. 

630. Compelled to serve unless excused. 

631. Must be notified within ten days. 

632. Clerk failing to give such notice. 

633. Exempt from patrol & militia duty. 

634. Duty of commissioners generally. 

635. Persons exempt from road duty. 

636. Overseer of roads receive $2 per day. 



Section. 
63 1. Commissioners failing to do duty. 

638. Proceedings against for neglect. 

639. May be removed from office. 

640. Eailing to appear when cited. 

641. Executions against commissioners. 

642. A public road being a district line. 

643. Necessary books shall be furnished. 

644. Certificate of discharge. 



Three com- §628. There shall be three commissioners for each road dis- 
for S |a°ch er dis- trict, any two of whom may act, and in case there is only one in 
may'act a district, that one is invested with all the powers of the three, 

until the vacancies are filled, 
comrois- § 629. Such commissioners are appointed or re-appointed by 

si oners 

how appoin- the Justices of the Inferior Court, biennially, at their first meet- 
ing of the years of the appointments, and, whenever necessary, 
to fill vacancies at any time. 

§ 630. Those thus appointed are compelled to serve, unless ex- 
cused by such Justices, who shall receive for such excuse Provi- 
dential cause only. 

§ 631. As soon as appointed, they shall be notified thereof in 
writing within ten clays thereafter by the Clerk of the Inferior 
Court, and if such appointees do not, within ten days after re- 
ceiving such notice, file their excuse in writing, under oath, in 
such Clerk's office, they shall be considered as having accepted. 
§ 632. If a Clerk fails to give such notice, he is guilty of a con- 

miss£ne?s" tem pt, and shall be, by such Justices, fined twenty dollars for 
each neglect. 

Road com- S 633. Such commissioners, while in office, are exempt from all 

missioners . -..,.. n1 -, n , 

exempt from jury, patrol, militia and other road duty, and are exempt from 
miiitia duty, road duty after they go out of office, for the next two years, if 
they have served faithfully through their official terms. 

z 
■ ' u .. 



ted 



Compelled 
to serve. 



Must be no 
tified in 
writing 
within ten 
days. 



The Clerk 
failing to 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 129 

Article 2 — Commissioners of Public Roads. 

§ 634. It is their duty — Commis- 

1. lo appoint, within fifteen days, one or more persons m their appoint 
respective districts as overseers of the road. 

2. To apportion the roads and hands under their charge at the Apportion 
same time as equally and fairly as possible, and to furnish the 
several overseers with a list of the roads and hands under their 
respective charge. 

3. To hear and determine upon all cases of default or other vi- Try defaui- 
olation of the road laws within their jurisdiction, (if not indicta- 
ble only,) at a Court to be held by them twenty days after every 

road working, or as often as emergencies may require, and to is- 
sue executions or other process against the convicted. 

4. To keep a book in which to enter — 

First. The several hands in their respective districts subject to Names of 
road duty; to what roads and what parts thereof assigned, and to'beregis- 
under what overseer ; changing and correcting it from time to 
time, as may be necessary. 

Second. A list of all defaulters and persons fined, the amounts a list of de- 
fined, amounts paid, what disposition made of the money, what persona "' 
executions issued and unpaid. 

5. To pay to the County Treasurer, as soon as collected, that Disposition 
portion of the fine money belonging to the county, to be used in nSSttm 
the repairing or building of public bridges and causeways, and 
annually, on the first of December, to report to the Justices of 

the Inferior Court the condition of the public roads and bridges The condi- 
in their respective districts, the state of the finances, what exe- lie mads, 

-. . . , i i • t • bridges, &c. 

cutions are outstanding unpaid, and their condition. 

6. To inspect, from time to time, the public roads, bridges and Roads, 
ferries within their districts, notice the character of the repairs, ferries to be 
and observe if such road is regularly posted, and direction boards 

put up as required by law, and if said bridges and ferries are in 
proper repair. 

7. To exercise a general supervision over their respective over- commis- 
seers, and to fine them for neglect of duty, and to see that per- Si Zity™ 
sons are indicted for the offences set forth in the road laws. 

8. To administer all oaths, relative to the road laws, connected 
with their duties. 

§ 635. In making up the list of road-workers, they must not Ministers, 
include the following description of persons who are exempt from other??™ 
such duty, viz : Licensed ministers, teachers and students of co.- ro«i duty. 
leges and schools, keepers of public grist mills, public ferry men, 
9 



130 FT. 1.— TIT. 6.— CHAP. 5.— County Organization. 

Article 2. — Commissioners of Public Roads. 

keepers of toll bridges, turnpikes, causeways and plank roads, 

engineers and white persons in charge of cars or trains running 

on railroads, officers of the Confederate States, this State or any 

county thereof, and all others exempted by any special law. 

overseer of § 636. They are authorized to pay overseers two dollars per 

ceive» r $2 day for every day in actual service, out of the fine money, besides 

per ay. one-half of the balance of the fine money as compensation to him 

as informer, and if, by the end of each year, the fine money does 

How coi- not furnish enough to pay such overseers said per diem it must 

be paid out of the County Treasury, if the proper commissioners 

certify to the Justices the amount such overseers are entitled to. 

Commis- . § 637. If commissioners fail to discharge their duties, or any 

SgTo d^_" duty required of them as such, they, and each of them, shall be 

Sy fined, by the Justices of the Inferior Court, not less than fifty, 

fined ; Q nor more than two hundred dollars. 

Proceedings § 638- When any person shall file his affidavit in writing in the 
mSSo^r? 1 " Clerk's office of the Inferior Court, that any commissioner or set 
o°f r dut|! ecfc °f commissioners have neglected their duty generally, or in any 
^\ particular, or when the Grand Jury makes presentment of the 
same, or of the bad condition of any portion of the public roads, 
v or the said Justices, or any one of them, are satisfied such is the 
fact, and so inform their Clerk, it is his duty to issue a summons 
in writing, directed to said defaulting commissioners, command- 
ing them to appear at a certain day therein named, before such 
Justices, to answer for their conduct, which shall be served on 
them by any officer or private person. 
May be re- §639. If, on the hearing, the Justices fine the commissioners 
Bigved from q^q^ they shall also pass an order removing them from office, and 

forthwith appoint other commissioners, 
railing to § 640. If they have been duly cited and served, and fail to ap- 
appear. pear, such Justices may proceed ex parte. 

% 641. The Clerk of the Inferior Court is directed to issue exe- 

Execution o w 

the 1 c?erk of cutions against them for the fine and costs, which shall be exe- 
co e urt ferior cuted by the Sheriff. The lien of such executions, and the prop- 
erty subject thereto, are the same as those against defaulting road- 
workers. 

§ 642. When any public road may be on a road district line, 
road being a an( j the Justices of the Inferior Court have not specially assigned 

district line 

it to any particular district or set of commissioners, the commis- 
sioners of each district shall co-operate in arranging the hands 
and appointing the overseers for such road. 






PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 

Article 2. — Commissioners of Public Roads. 

§643. The books such commissioners are required to keep 
must be furnished by the Justices of the Inferior Court at the 
expense of the county, and out of the road money, if any, and 
when full must be deposited in the office of the Clerk of the In- 
ferior Court. 

§ 644. After the commissioner has faithfully served through 
the term of his appointment, he may obtain from the Clerk of the 
Inferior Court a certificate of such fact. 



131 



Books shall 
bo furnished 
by Inferior 
Court. 

Shall be de- 
posited in 
Clerk's of- 
fice. 

Certificate 
of discharge 
— by whom 
granted. 



AKTICLE III. 

BRIDGES, FERRIES, TURNPIKES, AND CAUSEWAYS. 



;Sectiok 
645. Public bridges, ferries, &c. 
■646. Regulations concerning the same. 
64*7. Erected for benefit of the county. 

648. Power and duty of Inferior Court. 

649. Condition of contractors bond. 

650. Bond must be approved. 

651. Additional bond may be required. 

652. Roads, bridges, &c. 

653. Contractor failing. 

654. Defendant resisting payment. 

-65 5. Contractors incompetent as jurors. 
<656. Bridges, &c, crossing county lines. 

657. County refusing to contribute. 

658. Toll bridges crossing county lines. 

659. Private bridges, &c. 

660. Distance in such cases. 

661. Rates of toll to be posted up. 



Section. 

662. Land owner may erect a bridge, <tc. 

663. Excessive rates shall not be charged. 

664. Rates to be examined annually. 

665. Persons making excessive charges 

666. Pords, bridges, &c. 

667. Public bridges, &c. 

668. Proprietors liable tor neglect. 

669. County — when liable for damages. 

670. Persons detained at public crossings . 

671. No toll after expiration of charter. 

672. Owner of private ferry, &c, liable. 

673. Breaking toll gate, &c. 

674. Right of way. 

675. Grant to land — what passes. 

676. Grant for a ferry. 

677. Value of land taken — how. 



* 



Bridges, fer- 
ries &c. 



§ 645. All bridges or ferries, turnpikes or causeways, erected Publi( . 
or permitted by any act of the General Assembly, if not other- ri^cause- 
wise provided, or by order of the Justices of the Inferior Court, ways ' & ** 
for public purposes, are declared to be public. 

§ 646. They are divided — 

1. Those established by the county which are free to every one. 

2. Those established by the county where toll is charged gen- 
erally or specially. 

3. Those established by individuals under the authority of law 
or by virtue of a prescriptive right. 

4. Those established by individuals without such rights, who 
accommodate the public or any portion of them for compensa- 
tion. 



132 PT. 1.— TIT. 6.— CPIAP. 5.— County Organization. 

Article 3. — Bridges, Ferries, Turnpikes and Causeways. 

justices in- § 647. The Justices of the Inferior Court may put a ferry or 

ferior Court J L J 

may estab- causeway, or both, or may establish a toll bridge for the benefit 

hsh for bene- J ' . . 

fit of county, of the county, but when on any such county bridge, ferry or 
causeway, toll is charged, the county is liable as individuals own- 
ing them, and the owners of lands must be compensated as in 
other cases. 

Power of in- § 648. The Justices of the Inferior Court of the several coun- 

oTerVuE ties have authority— 

ries, g ca S usa-" 1- To appoint the places for the erection of public bridges, 

ways, Ac. coun ty ferries, turnpikes and causeways, and to make suitable 
provision for their erection and repairs by letting them out to the 
lowest bidder, hiring hands, or in any other way that may be for 
the public good and agreeable to law. 

undertaker 2. To require sufficient bond and good security for the faithful 
n "performance of all such work and contracts, and to indemnify for 



all damages occasioned by a failure so to do. 

3. To license any person 
pike or causeway, not exceec 
ed at the expiration thereof. 



License to 3. To license any person to establish such bridge, ferry, turn- 
pike or causeway, not exceeding ten years, which may be renew- 



Kates of toii ^- ^~° ^ x ^ ne rst tes 0I * toll for crossing any such, where the toll 
to be fixed. can i aw f u liy be charged, and regulate those previously establish- 
ed or that may afterwards be established, so as to conform to 
what is both reasonable and usage on such water courses, pro- 
vided such charges are not specially regulated by the General 
Assembly in some act of incorporation to the exclusion of such 
Justices. 
General su- 5. To exercise a general supervision over such, and see that 
Sverpubiic they are kept in proper order and properly attended to, and to 
K &cl er ~ require from time to time, as the occasion may demand, sufficient 
bond and good surety from the proprietors thereof, conditioned 
for their keeping in repair a sufficient and safe bridge, flat rope, 
turnpike or causeway, and all other appointments necessary for a 
good ferry and competent and faithful attendance by day and 
night, and to indemnify the public against all damages by reason 
of a failure so to do. 

§ 649. When a public bridge, ferry, turnpike or causeway is let 
the bond of ou + the contractor must, in his bond, make a condition also to 

contractors. ' ; ' 

keep it in good repair for at least seven years, and as many more 

years as the contract may be for. 
Bond must § 650. All bonds taken from contractors or proprietors must be 
1)6 approved * approved by the Justices of the Inferior Court, filed in the office 






PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 133 

Article 3. — Bridges, Ferries, Turnpikes and Causeways. 

of the Clerk of the Inferior Court, and by him recorded in books 
kept for that purpose. 

§651. If when an additional bond is required it is not given Additional 
within ten days from the time the proprietor or his agent is noti- required 7 
fied by the Clerk of the Inferior Court, the license must be re- 
voked. 

§ 652. When any such work shall require repairing it is the u oa d8, 
duty of any one or more Road Commissioners in whose road dis- to bf keptin 
trict the same is, to give notice in writing to the contractor, or repai 
one of his sureties, stating the repairs necessary to be made, and 
requiring them to be done within a reasonable time, stating the 
time. 

§ 653. If such repairs are not made within the time required, Repairs— by 
they shall employ some other person forthwith to make them, and made. 
upon report to the Clerk of the Inferior Court of their cost, he contractor 

i ii . . . i i i • failing, exe- 

snall issue an execution against such contractor ana his sureties cution may 
for the expense of such repairs and the costs. him. 

§ 654. If the defendant resists the payment of said execution if defend- 
at law, it must be returned for trial by lury, if demanded, either payment of 

'• •/ u ■/ j ^ such execu- 

to the J ustices' Court of the district where the defendant resides won. how 

tried. 

upon whose property the levy is made, or to the Superior Court 
of the county, according to the principal amount thereof. 

§ 655. Persons who have undertaken the building or keeping contractor* 

-. . , ^ M , cannot be 

m repair any bridge, terry, turnpike or causeway, or are surety Road com- 
for such persons, cannot be Road Commissioners of the road dis- 
trict which embraces such, and if after having been appointed 
they become such contractor or surety, the Justices of the Infe- 
rior Court must declare a vacancy and appoint some other per- 
sons in their stead. 

§656. When a bridge or ferry is necessary over any water Bridges, &c. t 
course, which divides one county or more counties from each oth- county lines 

i i i •u* , to be kept up 

er, each county must contribute equally towards the building and by such 

1 'i i -v ^ <- counties 

keeping the same in repair, or in such proportion as would be jointly. 
just, taking into consideration the taxable property of each, and 
the amount expended by each in the construction of bridges and 
other passways. 

§ 657. If any county refuses to undergo its fair proportion of The remedy 

J v ° . , when one 

such expenses, the other county or counties may construct the county refu- 

x ' * ' ses to con- 

WOrk, compel the other to contribute by suit, and until such con- tribute. 

tribution takes place, may have exclusive control thereof, and 

charge toll thereon against all the citizens of the refusing county. 






134 PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 

Article 3. — Bridges, Ferries, Turnpikes and Causeways. 

Toll bridges, §658. The toll bridges or ferries over water courses making: 

&c, crossing . "*■ . . 

county lines county lines, may be licensed by either county, and in such cases 

may be It- ^ ' J J . 

censed by ei- the bonds must be approved, filed and recorded in the county 

where the license is granted. 
No private §659. No private ferry charging toll shall be established on 

ferry, shall ° ... 

be establish- a ny water course within three miles of where public bridges are 

ed within 3 •' . 

miles of a previously erected and kept up, but bridges may be erected at 
bridge. the public expense at places on the same stream, other than those 

where bridges are previously erected, if not violative of any 

special provision of the law. 
Distance— § 660. When exclusive right is granted to any person to pre- 
ted. vent others from erecting bridges or ferries, or the like, within a 

given distance from the same, it shall be computed by the course 

of the stream. 
Kates of toii § 661. Every proprietor of bridges, ferries, turnpikes and 
to be posted ca useways, w here toll is allowed to be charged, must fix a board 

in a conspicuous place, as near the same as practicable, with 

black ground, on which shall be the various rates of toll ; and if 

such is neglected, he shall be subject to indictment, and, on con- 
Penaity for viction, shall be fined not less than fifty dollars for every week 

neglect. it, 

lie so neglects. 
Landowner § 662. Any person who may be the owner of any land through 
struct bridg- which a stream may pass on both sides thereof, may establish 

es, &c. on . J r it 

hi* own land, any bridge or ferry thereon, at his expense, and may charge 
lawful toll for crossing, according to the rates of other bridges 
and ferries on the same stream, or if none other, the customary 
rates over such streams elsewhere. 

Excessive § 663. If such person shall demand excessive rates, any person 

rfltc s sh % 1 1 

not be de- may complain to the Justices of the Inferior Court of the county, 

and if the rates are excessive they must reduce and fix them. 
Rates to be § ^^- The Justices of the Inferior Court of each county must 
annually, once each year examine the rates charged in their counties, and 
keep fixed the rates of toll for the several bridges, ferries, turn- 
pikes and causeways within the limits of their county which have 
the right to charge them, and must enter the same on their min- 
utes, 
persons § 665. If any person shall charge more than the lawful rates, 

cessivf e ' ' or more than indicated by the board, he is guilty of a misde- 
how punish- meanor, and on conviction must be fined in the discretion of the 
Court, and for the second offence, in addition to the fine, he for- 
feits his franchise. 






PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 135 



Article 3. — Bridges, Ferries, Turnpikes and Causeways. 



§ 666. jSTo person authorized to have a bridge or ferry on his Fords, 

-i-i-i-iT . n i ^i bri dges, &c, 

own land will be permitted to stop up or obstruct any ford, not to be ob- 

-i .,..-, r. . -, structed. 

bridge or ferry, and upon so doing he is guilty of a misdemean- 
or, and on conviction must be fined or imprisoned, or both, in the 
discretion of the Court. 

§667. After a person has once established such bridge or ferry Public 
he shall not discontinue the same without first giving public no- n^tobedu- 
tice thereof, by advertisement posted on the Qourt House door, contlmied - 
and in a public gazette, if there is one published in the county, 
for at least sixty days. 

§ 668. Any proprietor of any bridge, ferry, turnpike or cause- proprietors 
way, whether by charter or prescription or without, or whether neglect? r 
by right of owning the lands on the stream, are bound to prompt 
and faithful attention to all their duties as such, and if any dam- 
age shall occur by reason of non-attendance, neglect, carelessness 
or bad conduct, he is bound for all damages, even if over and be- 
yond the amount of any bond that may be given. 

§669. The provisions of the preceding section apply to all on failure to 
° /» i i • take bond 

contractors for the establishment of such, when damages accrue the «ounty 

m . * s li^le for 

from a want of good faith in performing their several contracts, damages. 
and if no bond or sufficient guarantee has been taken by the Jus- 
tices of the Inferior Court, the county is also liable for the dama- 
ges. 

§ 670. Any person unreasonably detained at a public ferrv, toll Persona 

. t/ . i J x J7 shall not be 

bridge, turnpike or causeway, may, for each detention, recover of detained at 

, ■ " public cross- 

the owner ten dollars before any Justice of the county. in » s - 

§ 671. If any person demands or receives toll for crossing any p erS0 ns 
ferry, bridge or causeway, or turnpike, after the revocation of his after g expS- 
license or forfeiture of his charter, or having a right for a ferry t e?or failing 
allows the banks on either side to be out of repair for more than bankaand 
five days at any one time, or to provide good and safe boats of a dee, s 
iize sufficient for the accommodation of the public, furnished 
with competent and sufficient ferrymen, for the safe and speedy 
passage of all persons, vehicles, horses and stock, or in case of a 
toll bridge or causeway, fails to keep the same in good repair, 
without a reasonable excuse for such failures, to be determined 
by the Court, he is guilty of a misdemeanor, and on conviction BJ^JLJ 8 fin * 
must be fined not less than twenty dollars. 

§ 672. If any person who keeps a private bridge, ferry, turn- owners of 
pike or causeway, passes any person for toll, the owners incur the rfcJuabieT" 
same liability and penalties as those permitted by law. 






136 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 3. — Bridges, Ferries, Turnpikes and Causeways. 



Breaking or § 673. If any person break or miure any gate to a toll bridge, 

injuring gate ° J * J . j , i t_ • t 

or avoiding turnpike or causeway, or obstruct, miure or destroy sucn bridge or 

payment. *■ « / ' i i . , . , 

causeway, pass round or under the same with intent to avoid the 
payment of toll, such person forfeits to the owner ten dollars for 
each of such acts, and is also liable for the damages. 

§ 674. Damages for the right of way are to be assessed in the 
manner prescribed for public roads and private ways. 

§ 675. Grants to land on water courses with the appurtenances, 
convey no right of public bridge or ferry, 

§ 676. The grant of a ferry franchise conveys no right to build 
a bridge, or the contrary. 

§ 677. In determining the value of land taken for a bridge, its 
prospective value as a bridge site and its present value as a ferry, 
if one is in use, may be taken into the calculation. 



Eight of 
way. 



Grants to 
land. 



Grant for a 
ferry. 



Value of 
land taken 
for a bridge 
— how esti- 
mated. 



ARTICLE IY. 



RAILROAD AND OTHER CROSSINGS. 



Section. 
6*78. Roads at Railroad crossings. 
6*79. Extent of such crossings. 

680. Erecting posts and blowing whistle. 

681. Neglecting to erect such posts. 

682. Failing to blow the whistle. 

683. Proof of damage — onus on Company. 

684. Suits — when to be brought. 



Section. 

685. Failing to keep crossings in order. 

686. Must be done by overseer of Roads. 
681. Executions against defaulting Co. 

688. Money raised — to whom paid. 

689. Railroad Company may defend. 

690. Plank, Macadamized and other roads. 

691. Public highways, bridges, &c. 



Extent of 
snch cross- 
ings. 



Such crossings include the width of land on both sides 



Pnbiic wnd § 678. All Railroad Companies shall keep in good order, at 

private ways " t x . 

to be kept up their expense, the public roads or private ways established pursu- 

at crossings j. x j. j a 

of Railroads, ant to law, where crossed by their several roads, and build suita- 
ble bridges and make proper excavations or embankments, accord- 
ing to the spirit of the road laws 

§ 679. 
of the road allowed by charter or appropriated by the Company 
therefor, and for as many feet beyond, each way, as is necessary 
for a traveller to get on and off the crossing safely and conveni- 
ently. 

§ 680. There must be fixed on the line of said roads, and at the 
distance of four hundred yards from the centre of each of such 
road crossings, and on each side thereof, a post, and the engineer 

whistle? theSlia± l be required, whenever he shall arrive at either of said posts, 
to blow the whistle of the locomotive until it arrives at the pub- 



A post to be 
erected. 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 137 



Article 4. — Railroad and other Crossings. 



lie road, and to simultaneously check, and keep checking, the 
speed thereof, so as to stop in time should any person or thing 
be crossing said track on said road. 

§ 681. Should any Company fail or neglect to put up said posts Negiecw.ig 
the Superintendent thereof shall be guilty of a misdemeanor, and post* 
upon indictment and conviction thereof in the county where such 
failure occurs, shall be subject to a fine of not less than five hun- 
dred dollar? nor more than one thousand dollars. 

§ 682. If any engineer neglects to blow said whistle, as requir- Failing to 
ed, and to check the speed as required in section 680, he is guilty whittle, 
of a misdemeanor, and on indictment and conviction in the coun- 
ty where such failure occurs, he shall be punished by fine, not 
exceeding five hundred dollars and imprisoned not exceeding Fineandlm . 
ninety days, or either, which the Company by whom he is em- pnsonmcnt - 
ployed is bound to pay. 

§683. When such injury occurs, the onus is upon the Compa- when an in- 

i n i i ^i«'t ■J U1 T occurs. 

ny to prove such lault on the part oi the injured persons. 

§ 684. Such suits may be located in the county where the iniu- suits in tho 

.. . ', . county 

ry occurs, and service perfected as in case for killing stock. where injury 

n _-__. occurs* 

§ 685. When any road over which a crossing is required shall Ea n rofld9 
be obstructed, or not in good order at such crossing, a Road Com- croroiSp* 
missioner, or an overseer of the road district where the crossing arereqmre<L 
is, must notify the nearest agent or employee of the company, in 
writing, to remove such obstructions, or to put such crossing in 
proper order within thirty days from the date of such notice. 

§ 686. If such requisition is not complied with, it must be done Kequisition 
by the overseer of the road, and within five days after he shall Smpiied 
have discharged such duty, he must report, under oath, in wri-S y8 . m 
ting, to the commissioners of the district, the amount and value 
of the services performed. 

§687. The commissioners shall then issue execution, under Execution 
their hands and seal, directed to any lawful officer, for the amount s 
of such value, and the costs of the proceeding against such de- 
faulting Railroad Company as in case of other road defaulters. 

§ 688. The amount, when collected, must be paid to the per- Money 
sons who performed the labor, pro rata, and according to the la- disposed o£ 
bor performed by each, and for other expenses of said work, if 
any. 

§ 689. The defendants may defend themselves from such fi. fas. Defence*- 
as other defaulting road-workers may. 

§ 690. The provisions of this article are, so far as applicable, 



138 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 4. — Kailroad and other Crossings. 



Plank and 
other roads 
subject to 
the same 
provisions. 

Public 
bridges, 
highways, 
&c. 



extended to any plank, Macadamized, turnpike or other road be- 
longing to private individuals or a joint-stock company. 

§ 691. Public highways, bridges or ferries cannot be appropri- 
ated to railroads, plank roads or any other species of road, unless 
express authority is granted by some Constitutional provision in 
their charters. 



Private 
ways — by 
whom 
granted. 

Not more 
than 15 feet 
wide. 



How ob- 
tained. 



AKTICLE Y. 



PRIVATE WAYS. 



Section. 

692. Private ways — by whom granted. 

693. Must be kept open. 

694. How obtained. 

695. How laid out — notice of application. 

696. Damages — how assessed. 

69 7. Applicant may decline to open. 

698. May be established by agreement. 

699. Protected as public roads. 

700. Persons may join in opening, &c. 



Section". 

701. May apportion work, &c. 

702. Private way over wild lands. 

703. Seven years' uninterrupted use. 

704. Cannot be closed after one year. 

705. Special damages in certain cases. 

706. When there is but one bluflf, &c. 

707. Application for use of landing. 

708. Damages omitted in the grant. 

709. May be converted into a public road. 



Land owners 
must have 
20 days 1 no- 
tice. 



Private 
ways — how 
laid out 



§692. The Justices of the Inferior Court have authority to- 
grant private ways to individuals to go from and return to their 
farms or places of residence. 

§ 693. They must not exceed fifteen feet in width, and must 
be kept open and in repair by the persons on whose application 
they are established, and may be as much less as the applicant 
may choose. 

§ 694. Any person desiring such passway over the land of an- 
other, must petition the Justices of the Inferior Court, setting 
forth particularly the distance and direction of such road, over 
whose land it is to go, through what improvements, if any, and 
their nature, and the special purpose for which it is desired. 

§ 695. After all persons over whose land said passway is to be 
made shall have had twenty days' notice, in writing, of such ap- 
plication, and such Justices shall be satisfied such applicant is. 
entitled to the same, they shall appoint five commissioners, who> 
shall be disinterested persons, any three or five of whom may act, 
to view and lay out such road, so as to do the least possible dam- 
age and inconvenience to the land-owners, who shall make their 
report within thirty days from their appointment. They shall 
make out their report in writing, and furnish all the parties in 
interest with copies thereof, and if either party is dissatisfied with 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 139 



Article 5. — Private Ways. 



such report, by giving the other five days notice in writing, he Either party 

i r i i t o i t n • r-i \ may appeal. 

may take an appeal to the J ustices of the Interior Court, who, 
after having all the evidence, pro and con, may confirm said re- 
port, or alter the same, which, when done, shall be final. 

§ 696. If the person then, over whose land the passway is, con- Damages— 
ceives that he will be damaged thereby, he may proceed to sessed!" 
have the damages assessed in the same manner that damages are 
assessed in case of public roads, and the applicant therefor stands 
in the place of the County and Road Commissioners. 

§697. After the damages are thus assessed, the person who Applicant 

has them to pay may decline to open the same, but he is bound to open the" 

for the costs of all the proceedings, whether he uses the passway * ay ' 

or not, for which the Clerk of the Inferior Court may issue an 

execution, and in all cases the damages must be paid before the must be 
' ° r pai(L 

way is opened. 

§698. Private ways may be established by an agreement, inMaybe«- 
writing, of all parties concerned, in which may be stipulated any agreement. 7 
damages, which must be spread on the road book of the county, 
and, when so done, has the same effect as though established by 
the forms of law. 

§ 699. When a private way becomes established, it must be en- Eecorded 
tered on and fully described in the road book, and the owner ed as public 

roads. 

thereof is entitled to be protected in the use of the same as a pub- 
lic road. 

§ 700. Several land owners may ioin together in opening a pri- several land 

., .. p-1-i-itT holders may 

vate way, or in keeping it up afterwards, or both, and when so join in open- 
done and entered on the road book, the duties and privileges ex- 
tend to vendees of the same real estate. 

§ 701. When several so ioin they may apportion the road for May a PP or- 
° . -, -. tion thQ 

work among themselves, or work it under the road laws, select- work. 

ing one of their number as Poad Commissioners, whose powers 

are the same touching such road and the hands thereof as the 

three Poad Commissioners of the district. 

§ 702. If a private way is established over the wild lands of a on wild 

v x '' . lands. 

person who has no notice of the proceeding, as soon as he does 
have such notice, and within six months thereafter, he may pro- 
ceed to have his damages assessed against all persons who are 
land owners, and are in the habitual use of such private way, and 
not after. 

§ 703. When a person has laid out a private way, and has been ^ n [* t n e y r e u a " 
in the use and enjoyment of it as much as seven years, of which t° duse - 



140 



PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 



Article 5. — Private "Ways. 



Cannot be 
closed after 
one vear 
wita< ut no- 
tice. 



Special 
ways. 



Extent of. 



If there is 
but ono 
bluff. 



the owners have had six months' knowledge, without moving for 
damages, his right to use becomes complete, and such owners are 
barred of damages. 

§ 704. When a road has been used as a private way for as much 
as one year, an owner of land over which it passes cannot close 
it up without first giving the common users of the way thirty 
days' notice in writing, that they may take steps to have it made 
permanent. 

§ 705. When a private way is established over the land of an- 
other, for the purpose of hauling wood or timber, or other com- 
modity, to any place of landing whereat the business of rafting 
or shipping is carried on, or to any railroad depot, it shall not ex- 
tend to the use of any landing erected by a person for his own 
benefit. 

§ 708. If, however, there should be but one bluff or place of 
landing, the owner cannot appropriate such to himself exclusively, 
if he will not be damaged by the admission of others to its use, 
or if damaged he is properly compensated therefor, but no per- 
son shall be entitled to use the wood-slide or other improvement 
erected for one's own use, nor timber landing, while he is using it. 

§707. When the applicant for a private way desires also to 
use another's landing he must so state in his petition, that proper 
damages may be assessed therefor, 
omission to § 'jos. If a private way is established and there is an omission 

assess dama- u -t «/ 

s es - to have considered the damages for using such, it may be done 

afterwards if within a reasonable time. 
Jwfedintoa §^09. When a private way is once established it is in the 
public road, power of the Justices of the Inferior Court to declare it a public 
road, provided it is of sufficient length and importance, and the 
number of persons who habitually use it can and will do as 
much work thereon as is their proper share, in working the same 
alone, or in connection with adjacent public roads. 



The use of 

another's 

landing. 



PT. 1.— TIT. 6.— County Organization. 141 



Chapter 6.— The County Poor. 



CHAPTER YL 

THE COUNTY POOR. 

Section. [Section. 

710. Paupers. 720. Paupers left by companies, &c. 

711. Poor House. 721. Security required, &c. 

712. Commissioners of the Poor. 722. Bond filed with Clerk Inferior Court. 

713. Receipts, disbursements & amounts.) 723. Party failing to give security. 



714. Applications by the poor, &c. 

715. "Who are considered paupers. 

716. Parents and children bound, &c. 

717. Certificate of the Clerk. 

718. Persons removing paupers. 

719. Such person being insolvent. 



724. Pauper found to be a lunatic. 

725. Poor children bound out — how. 

726. For what length of time. 

727. Master violating his contract. 

728. May appeal — Custody of minor, &c. 



§ 710. The general supervision of all paupers is vested in the paupers. 
Justices of the Inferior Court of each county. 

§711. They have authority to purchase lands for a Poor poor nouses 
House, the title thereto vesting in the county, or to rent im- 
provements for such purpose, or to board out the poor and to 
make all necessary contracts in relation to them. 

§ 712. They shall, if necessary, appoint a Commissioner of the Co mmis- 
Poor, and the money arising from the poor tax shall be paid into thTpoorf 
his hands by the County Treasurer on orders granted in his favor 
by such Justices, or in favor of any other person. 

§ 713. Whoever receives and disburses such fund must once in Receiver & 
every year, at the time such Justices may order, or oftener if 
they require, make up his accounts and lay the same before 
them, who shall allow or disallow, and whenever there is a defi- 
ciency or liability on the part of such person he may be ruled May bo 
for the amount as an officer of Court. 

§714. Application to be provided for as a pauper may be Application 
made at any time to the Commissioner of the Poor, a Justice of to whom 
the Inferior Court or a Clerk of such Court, upon which a hear- 
ing must be had, with the least possible delay, by the Justices, 
and the person to whom such application is made, is authorized 
to provide for such applicant as other county poor until the hear- 
ing is had. 

§ 715. No person shall be entitled to the benefits of the provi- mo aro 
sion for the poor who is able to maintain himself or herself by paupei 
labor, or if not, has sufficient means, and in cases where females 
are /unable to maintain themselves and the helpless children they 
may have also, they may be aided to the extent required in the 
furnishing of food, clothing or shelter. 



142 PT. 1.— TIT. 6.— County Organization. 

Chapter 6. — The County Poor. 

Parents and §716. If any such person has father, mother or child of suffi- 

children " 

bound to cient ability, he or she must be supported by them, and failing; 

support each J ' % i . -, . . „ ? 

other. . so to do any county m the State having made provision for such 
persons may sue persons of full age standing in such relation to 
them, and recover for the time such county has made provision 
for such person, always provided, the person sued was possessed 
of such ability. 

certificate of §717. On the trial the certificate of the Clerk of the Inferior 

Sidenc^ Court that the person was poor and unable to sustain himself, 
and that he was maintained for such a time at the expense of the 
county is presumptive evidence of such maintenance and the 
costs thereof. 

Persons re- §718. When any inhabitant of any county, city, town or vil- 

moving pau- . ' „ . , . 

pers person- lage, in or out oi the btate, sends a pauper to some county in this 

ally respon- , . „ . v' • i 

sibie. State, by paying the expense of transportation, or otherwise has 

him removed for the purpose of burdening some other commu- 
nity, the person so engaged shall be personally liable for the 
support of the pauper in. the county where he locates. 
such person §719. If the person so engaged in transporting a pauper is in- 
vent the solvent or does not respond to such demand from any cause, the 
liable. county from which the transportation took place shall be liable. 
Paupers left §720. If any person commanding any vessel, or the manager 
tw^coS"- or proprietor of any theatrical circus, or any other migratory 

panies. , -i • , • 

company, or their agents, or any person, passing or moving 
through this State, shall bring and leave, or abandon herein, any 
infant, lunatic, maimed, deaf and dumb, blind, aged or infirm 
person, who is or is likely to become chargeable to the county, he 
may be brought by warrant before any judicial officer. 
May be re- §721. If such officer is satisfied that such person is or will pro- 
grvTbond. bably become such charge, he must require suchfperson to enter 
into bond, payable to the Governor of the State and his succes- 
sors in office, with sufficient securities, resident in the State, for 
the sum of five hundred dollars, for each of such persons so 
brought, conditioned to pay all such expenses-, as any county in 
the State may lawfully incur in their support, 
such bond §722. Said bond must be filed in the Clerk's office of the In- 
must be filed f er i or Court of the county where the paupers are at the time of 
of le t r he S info- e its execution, and upon condition broken may be sued on and 
nor Court. recover i eg h^ until exhausted in different actions in behalf of 
any county or person who may have property contributed to the 
maintainance of such pauper. 



PT. 1.— TIT. 6.— County Organization. 143 

Chapter 6. — The County Poor. 

§ 723. On failure to give sncli bond such person must be com- Failure to 
mitted to jail until it is done, or until the next term of the 
Superior Court of the county, when if not done, or he does not 
take care of said pauper and pay all costs, he is guilty of a mis- 
demeanor, and on conviction shall be fined five hundred dollars, Maybe fined 
and in default thereof shall be imprisoned ninety days. dollars. 

§ 724. When a pauper is found to be a lunatic, idiot, deaf and Lunatics. 
dumb, or bind, they must be dealt with according to the laws 
relating to them. 

§725. All orphan poor children, or others whose parents do Poor chu- 
not maintain them, and are on the county, of sufficient age and bound out, 
bodily strength to support themselves, must be bound out by the 
Ordinaries of the counties to learn a trade, or some useful occu- 
pation, for such time as they may deem best, and the person to obligation of 
whom they are bound shall undertake to clothe and maintain master - 
them in such manner as the Court may direct, and shall have 
them taught to read and write the English language, and the 
common rules of arithmetic, which undertaking must be in wri- Must be in 
ting and entered on the minutes of the Court. 

§726. Boys may be bound out from time to time until twenty- Bound for 

v ^ » * what time. 

one years of age, and girls until they are eighteen or marry. 

§ 727. If any such person shall violate his contract, misuse or Master yio- 
ill-treat such apprentice, the Ordinaries shall take them away, contract 
after giving the master a hearing, and bind them to some other 
person. 

§ 728. Such master may appeal to a trial by jury in the Supe- May appeal. 
rior Court, as in other cases of appeal, but in the meantime the 
minor shall be placed in the custody of the Ordinary, who may Cu8todyof 
procure some person to take charge of him until the trial. Sng'apSai. 



144 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 1. — Persons and Property Exempt. 

TITLE VII. 

PUBLIC REVENUE. 



CHAPTER I. 

TAXATION" BY THE STATE. 

Article 1. Persons and property exempt. 

Article 2. System of taxation — persons and property taxed. 

Article 3. Taxes on Banks, Railroads, &c. 

Article 4. Taxes — how returned and collected. 

Article 5. Proceedings against delinquent Tax Payers. 

Article 6. Delinquent Collectors and Receivers, &c. 

Article 7. Tax Receivers. 

Article 8. Tax Collectors. 

Article 9. Compensation of Collectors and Receivers. 

Article 10. Miscellaneous provisions. 



ARTICLE I. 

PERSONS AND PROPERTY EXEMPT. 
Section 129. Persons and property exempt from taxation enumerated. 

Property ex- §729. The following persons and property are exempt from 

empt from 

taxation, taxation : 

1. All property specially exempted by the Constitution of the 
Confederate States or of this State. 

2. All lands, mines and minerals, belonging to this State or 
the Confederate States. 

3. All buildings erected for and used as a College, incorpora- 
ted Academy, or other seminary of learning. 

4. All buildings erected for and used for public worship, or for 
school houses, or both. 

5. All Court Houses, Jails, or other county buildings. 

6. All poor houses, alms houses, houses of industry, and any 
house belonging to any charitable institution. 

7. The real and personal estate of any public library and that 
of any other literary association. 

8. The several lots and buildings attached to the five last men- 



FT. 1.— TIT. 7.— CHAP. 1. -Public Revenue. 145 



Article 1. — Persons and Property Exempt. 



tioned exemptions, including all necessary furniture belonging to 
each. 

9. All books and philosophical apparatus, and all paintings and 
statuary of a company or association kept in a public hall, not 
held as merchandise or for the purpose of sale. 

10. All stocks owned by the State, or by literary or charitable 
institutions for the legitimate purpose of such. 

11. All plantation and mechanical tools, and all household and 
kitchen furniture not above the value of three hundred dollars, 
not held for sale or as merchandise. 

12. All poultry, and two hundred dollars in value of other 
property, besides the special exemptions, but which latter do not 
obtain in favor of non-residents. 

13. All annual crops and provisions ; all lire-arms and all mu- 
nitions, and all wearing apparel not held as merchandise. 

14. All owners of stocks in any incorporated company liable stockhoid- 
to taxation on its capital for such stock, shall not be taxed as in- exlmpt! ca 
dividuals. 

15. All places and monuments of the dead and implements of 
burial. 

16. The property of revolutionary soldiers and their widows, 
to the value of one thousand dollars. 



AKTICLE II. 

SYSTEM OP TAXATION. AND PERSONS AND PROPERTY TAXED. 



Section. 

738. Default and insolvent list. 

739. Specific taxes — items enumerated. 

740. Property specifically taxed, &c. 

741. License to exercise a privilege. 

742. Taxes to be paid before other debts. 

743. Conveyances and Judgments, &c. 

744. Person to whom conveyance is made. . 



Section. 

730. Taxable property — what. 

731. Bonds, notes and other obligations. 

732. Lands held by warrant or ungranted. 

733. Lands, &c, held by non-residents. 

734. Taxable property — assessments. 

735. Assessments — when and by whom. 

736. Amount of taxes to be assessed. 

737. Tax — m what funds to be paid. 

§ 730. All real and personal estate, whether owned by indi- 

. r . tit Taxable 

viduals or corporations, resident or non-resident, are liable to property, 
taxation, unless specially exempted. 

§ 731. Bonds, notes, or other obligations for money, on persons Bondg note3 
in other States, or bonds of the Confederate States, or of other J2j d °n£° a " 
States, or bonds of corporations of other States, and shipping, are crslau'^&a 
the subjects of return and taxation in this State. JJ£ y be ***' 

10 



146 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 2. — System of Taxation, and Persons and Property Taxed. 

Unwanted § 732. All lands held under warrants and certificates, but not 
stock corpo- granted, are liable to taxation, and all monied or stock corpora- 
tions, unless exempted or differently provided for in their char- 
ters, are liable to taxation upon such capital stock, as other prop- 
erty. 
Non-resi- § 733. Lands, or other property, belonging to citizens of the 
BubjecTto" 3 Confederate States, not resident of this State, cannot be taxed'* 
citizens. higher than the property of residents, but all the property of 
such non-residents, whether their property be real or personal in 
this State, must pay taxes on the same herein. 
Taxable § ^34. All property, or other thing of value subject to taxa- 

Kssessed tion, must be given in by the tax payers as hereinafter set forth, 
and?y° re ™' at its fair market value, and must be taxed according to its value 
on an assessment to be made by the Governor, which must not 
exceed one-eighth of one per cent, per annum, without the assent 
of the General Assembly. 
Assessment, § 735. Such assessment must be made each year as soon as the 

when and by -i o i it • i • it 

whom made, value oi the taxable property is substantially known by the 
Comptroller General, who shall assist the Governor in making 
the assessment, and immediately send written or printed notices 
to each Tax Collector, of the Governor's order, and publish also 
a copy thereof for the space of thirty days, in some public ga- 
zette at the Seat of Government. 

Amount of § 736. The amount of taxes assessed shall not exceed the actual 

assessed. ° annual wants of the State Government, exclusive of the commis- 
sions of Collectors and Receivers, and any other expense that 
may be lawfully incurred in assessing and collecting them. 

How paid. § 737. Taxes must be paid in gold or silver, or in the bills of 
such banks as pay specie promptly, unless specially excluded by 
law, or otherwise directed by the Governor. 

Default and §738. In netting the digest the default list shall be deducted 

lists. " for the Receivers, and the insolvent list for the Collectors. 

specific tax- § 739. Besides the ad valorem tax, the following specific taxes 
shall be assessed per annum, and estimated in fixing the rate per 
cent. : 

1. Practitioners of law, physic and dentistry, five dollars each. 

2. Daguerrean, Ambrotype, Photographic and similar artists, 
five dollars. 

3. Every free white person between the ages of twenty-one 
and sixty, twenty-five" ftents. 



PT. 1.— TIT. 7.— CHAP. 1.— Public Bevenue. 147 

Article 2. — System of Taxation, and Persons and Property Taxed. 

4. Every free person of color between the ages of eighteen and 
fifty, not valueless from decrepitude or disease, five dollars. 

5. To carry on the business of an auctioneer, ten dollars. Auctioneers. 

6. To keep a pool or billiard table for public play, twenty-five 
dollars. 

7. To keep a bagatelle table for public play, ten dollars. Bagatelle ta- 

8. To keep a ten pin alley, or alley of like kind for public play, Jl 16, . 
ten dollars. le y- 

9. To keep any other table, stand or place, for any other game Any other 
or play, with or without a name, unless for exercise or amuse- S without a 
ment only, and not prohibited by law, ten dollars. 

10. To keep a public race-track, fifty dollars. 

§ 740. Where persons are taxed specifically for keeping a bil- p ropert7 
Hard or pool table, bagatelle table or ten pin alley, they need not JK^oiYo 
give in the value thereof. be returne(L 

§ 741. No assessment or payment of tax to the State is to ex- License— 
onerate the person from taking out license from the county, or scatter e * 
city or incorporated town, in cases where they are required by tax. mc 
law so to do. 

§ 742. Taxes shall be paid before any other debt, lien or claim Taxes t0 bQ 
whatsoever, and the property returned or held at the time of giv- andVroperty 
ing in, or after, is always subject. fe7t y * sub 

§ 743. All deeds of gift, mortgages, sales and assignments of conveyanc- 
property of any. kind, made to avoid paying taxes, or judgments SenTs to" g " 
procured to be rendered for the same purpose, are null and void. me°nt fftax- 

ps voicl 

§ 744. The person holding such property, or to whom such Donee, &c ., 
conveyance may be made, is liable for such taxes, and the prop- bL° perty 
erty also, whenever found, no matter in whose possession it may 
be. 



AKTICLE III. 

TAXES ON BANKS, RAILROADS AND OTHER CORPORATIONS. 



Section. 

745. Banks, &c. — how taxed. 

746. Railroads and other corporations. 

747. Private banks and bankers. 

748. Special provisions for railroads. 

749. Foreign banks — agents. 



Section. 

750. Foreign Insurance Companies. 

751. Express Companies. 

752. Lotteries. 

753. Illegal sale of lottery tickets. 

754. How contested by defendant. 



§ 745. The several banks or other corporations in this State, ^^- how 
having banking privileges, shall pay a tax annually of forty cents 



148 PT. 1.— TIT. 7.— CHAP. 1.— Public Kevenue. 

Article 3. — Taxes on Banks, Railroads and other Corporations. 

on every hundred dollars of the highest amount of their capital 
stock paid in within the limits of their respective charters. 
Tax on rail- § 746. The several railroads and other incorporated or unincor- 

roads and . i • i i i -i • i 

other com- porated companies ot every kind, except banks, which are not ex- 
empt by their charter or otherwise, or for which there is not a 
different method of taxation specially prescribed, pay the same 
rate per cent, upon the whole amount of their capital stock paid 
in as is levied on other capital, together with the same rate per 
cent, upon their net annual profits. 

Private § 747. The provisions of the preceding sections apply to pri- 

vate bankers, brokers or exchange merchants. 

Eaiiroads— § 748. The several railroads, by whose charters a higher tax is 

one-haifof 7 forbidden, and such as are now, or may hereafter be in opera- 
one percent . ,, T • 1 1 T • -i-it" 

tion, that do not pay a dividend exceeding six per cent., shall pay 

only one-half of one per cent, upon the net annual income of 
wise teLdf" each, until they pay a dividend of eight per cent, per annum, in 

which shall be included the reserved fund, at which time they 

are to be taxed as other capital. 
Agent of § 749. Every agent of any foreign bank or individual not a 

foreign 

bankW citizen of this State, doing business herein, with or without an of- 

non-resident n , , . . ., , . , , 

broker— nee, or through, a citizen of this fetate or other person, shall pav 

howtaxed. ' to . . tit-,! 

the same rate of tax as is imposed upon the chartered banks upon 

one-third of the highest amount of loans or paper discounted, or 

exchange purchased by him and running to maturity at any one 

time during twelve months immediately preceding such returns, 

together with the same rate per cent, upon the net annual profits 

of the agency. 

Tax on for- § 750. All Insurance Companies out of this State, doing busi- 

rance com- ness herein, shall pay one per cent, upon premiums received. 

on Express §751. Every Express Company doing business in this State, 

mipames. g ] ia -Q p^j a ^ ax £ one p er cen ^ upon the gross amount of their 

profits for each year on business done at offices in this State, 
on lotteries. § 752. Each manager of any lottery, if authorized by the laws of 

this State, shall pay to the State Treasurer one thousand dollars • 

annually, free of all costs of collection, 
niegai sal© §753. If any person makes affidavit that any one is selling lot- 

of lottery . ' ; J=) 

tickets— tery tickets without the authority of the laws of this State, the 

ished. Tax Collector of any county shall issue a fi. fa. or ca. set., or 

both, for the sum of one hundred dollars for each act, sworn to 

against the offending person as tax executions are issued. 

Fi.fa. may § 754. The defendant may contest the collection of such pro- 
be contest- V •' A 

« d - cess as defendants in ordinary fi. fas. may. 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



149 



Article 4. — Taxes — How Returned and Collected. 



AETICLE IY 



TAXES— HOW RETURNED AND COLLECTED. 



Section. 

755. Returns of banks, &c. — how made. 

756. Other returns — to whom made. 

757. Mines and farms — where taxed. 

758. Mine or farm on county lme. 

759. Non-residents. 

760. Lands, &c, of non-residents. 

761. Returns to Comptroller — how made. 

762. In what funds taxes pa} r ablc. 

763. Returns may be by agent. 

764. Oath on special return. 

765. Oath on general return. 

766. Exceptions in oath. 

767. Oath of agent. 

768. By one of a firm sufficient. 

769. Who may administer oath. 

770. Evidence of oath. 

771. When Receiver must assess. 

772. Proceedings thereon. 

773. Who may complain of returns. 

774. Oath of assessors. 

775. Defaulting tax-payers. 

776. Relief against double tax. 

777. Defaulter's oath. 



Section. 

778. Blanks — by whom furnished. 

779. Lands — how returned. 

780. How entered in digest. 

781. Digests — when and where filed. 

782. Mistakes — how rectified. 

783. Tax overpaid refunded. 

784. Before reaching Treasury. 

785. Doubtful cases. 

786. Defaulters double taxed. 

787. Double tax on property. 

788. Double tax — how avoided. 

789. Agent of non-resident liable. 

790. When Collector must pay, &c. 

791. Insolvent list. 

792. Credit for — how allowed. 

793. When not allowed. 

794. New officers excused. 

795. When their liability attaches. 

796. Collector's duty as to digests. 

797. Further time may be allowed. 

798. Taxes for former years. 

799. Estates not liable — when. 



§ 755. The returns of all Banks, Railroad and Insurance and 
Express Companies and Agents of foreign Companies, author- 
ized in this State, shall be made to the Comptroller General by 
the first day of May in each year, and the taxes thereof shall be paid 
to the State Treasurer by the first day of October in each year. 

§ 756. All other companies or persons taxed shall make their 
returns to the Eeceiver of the respective counties where the per- 
sons reside, or the office of the company is located, except in case 
of mining companies, and of persons who cultivate lands in coun- 
ties not their residence. 

§ 757. Mining Companies must make their returns in the coun- 
ty where the mine is worked, and those who have such planta- 
tions must make the returns for them, together with the slaves 
and stock and other property employed thereon in the counties 
where they are respectively situated. 

§ 758. If there is a mine or plantation on the line between 
two counties, and in two or more counties, the returns shall be 



Keturns and 
taxes of 
banks, &c. 



Eeturns — to 
whom made. 



Returns of 

Mining 

Companies, 



Mine or 
plantation 
on county 
lino. 



150 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 4. — Taxes — How Keturned and Collected. 

made in the county where the improvements or most of the im- 
provements are. 
Non-resi- § 759. The provisions of the two preceding sections apply to 
eluded. non-residents who hold such property in this State. 
Eetums of § 760. Lands and slaves, and other property of non-residents, 
dents, &c must be returned and paid for in the county where the lands, 

slaves or other property are respectively situated. 
Eeturna § 761. The returns of all banks, or companies, or persons, re- 

comptroiier quired to be made to the Comptroller General, must be in wri- 
ting and sworn to by the presiding officer or agent of a foreign 
company to be a just, true and full return of the capital stock, 
net annual profits or other property or effects, for which said 
bank or company is subject to taxation by the laws of this State, 
payment— § 762. Such payments must be made in the funds in which 
taxes may be paid at the State Treasury free of any expense to 
the State, 
other re- § 763. Returns of other companies and individuals may be 

turns— how -i-i-it i m ~r> • 

made ; tax— made by themselves or agents, to the proper lax Receiver, 
by the first day of July in each year, for property held and sub- 
ject to taxation on the first day of April previously ; and pay- 
ments to the Tax Collector by the first day of October in each 
year. 
oath on a § 764. Persons making a special return in counties of which 
tum of non- they are not residents, shall take a special oath as follows : 
residents. a y^ ^ j^ ^ o swear that you are not a citizen of the coun- 
ty of , and that the account you now give in is a just and 

true return of all the property which, by the law, you are re- 
quired to give in and pay for in the county of : — , and that 

it is not worth more than the valuations you have affixed to it to 
the best of your knowledge and belief. So help you God." 

§ 765. Persons making a general return must take the follow- 
ing oath : 

" You do solemnly swear or affirm, that the account you now 
give in is a just and true return of all the taxable property, in- 
cluding solvent notes, bonds, open accounts or other obligations 
for money on persons in other States, or bonds of the Confederate 
States or of other States, or bonds of corporations or companies 
of other States, or shipping at sea, which you were possessed of, 
held or claimed on the first day of April last, or was interested 
in, or entitled unto either in your own right or in the right of 
any other person or persons whatsoever, as parent, guardian, ex- 



Oath on gen- 
eral returns 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 151 

Article 4. — Taxes — How Returned and Collected. 

ecutor, administrator, agent, trustee, or in any other manner 
whatsoever, and that the value you have affixed to it is a just and 
true valuation to the best of your knowledge and belief, and that 
you have given in, by number and district, to the best of your 
ability, all the wild and unimproved lands you own in this State. 
So help you God." 

§766. If a person so making his return is liable under the law Exception 
to make a special return, he shall insert, at the proper place in JS ted m 
said affidavit, these words, "except such property as by law, I am 
compelled to return in some particular county or counties." 

§767. When any of the oaths aforesaid are taken by an agent, 0athof 
there shall also, at the proper place, be inserted, that he does so agent 
as agent for a certain person or persons, or company, naming 
them. 

§768. Such oaths taken by any one member of a firm or unin- oath of ono 
corporated company, without a presiding officer, shall be suffi- Ment 
cient as to said firm or company property. 

§ 769. They are taken before the Tax Receiver, who is author- 0ath8 _ hoyr 
ized to administer them, but the oath of non-residents, females, taken> 
absentees and sick persons may be written out in full and taken 
before any person authorized to administer an oath and delivered 
to the Receiver, who shall file such oaths in the office of the 
Clerk of the Inferior Courts. 

§770. The entry in the digests of the tax payers returns shall Digest- 
be prima facie evidence of his having taken such oath, and if dence; pen- 
false he is guilty of false swearing, and is liable to be indicted oath. 
and to be punished therefor, as prescribed for other cases of false 
swearing in the Penal Code. 

§ 771. Each return shall be scrutinized carefully by the Tax in case of 

t-v . . false return 

Receiver, and if in his "judgment he shall find the property em-TaxKe- 

. . • Ill* ceiver t0 

braced m the return, or any portion of it, returned below its assess vaiu«. 
value, he shall assess the value at once or within thirty days 
thereafter. 

§772. If such assessment is not made by the Receiver in- subsequent 
stanter, he shall give the tax payer notice of his assessment, and pr ° 
in either case it shall be the tax payer's privilege to have it 
left to three disinterested persons, one of whom he shall select, 
the other shall be selected by the Receiver, and these two shall 
select a third if they disagree, a majority of whom shall fix the 
assessment. t 

§773. It is the privilege of any tax payer of the county, 



152 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 4. — Taxes — How Returned and Collected. 

Srned^e-^ wnere a return is made, to complain to the Receiver at any time 

iow its value. "b e f ore hi s digest is completed, that any return is below the true 
value of the property, in which case he shall notify the person 
who made the return complained of, if practicable, verbally or 
by writing, giving him the name of the complainant and the 
ground of complaint, and shall proceed to have a new assessment 
in the terms of the preceding section. 

?««L / as " §774. Whenever such assessors are called in, they shall take an 
oath before the Receiver to do justice between the parties at va- 
riance touching the true assessment of the tax return. 

Defaulting § 775. When a tax payer has been returned as a defaulter and 

tax payer — . 

how re- double taxed, either by the Receiver or Collector, the Justices of 

lieved when ' " , t 

doubled the Inferior Court are authorized to relieve the defaulter of the 

taxed. 

penalty for default at the time said Justices allow the Collector 
his resolvent lists, provided, that said tax payer shows to such 
Justices by satisfactory evidence that either from Providential or 
other good cause he had not an opportunity to make his return 
to the Receiver of Tax Returns and at the time of such release 
promptly pays his proper tax and one dollar to the Collector as 
his fee, the Collector shall promptly inform the Comptroller 
General of such release and the amount of taxes paid. 
Defaulters— § ^^. All defaulters may at any time and for the same causes, 
from'doubie before the digest is made up and ready to be sent to the Comp- 
te * troller, save the double tax, by likewise giving in to the Clerk of 

the Inferior Court and paying him one dollar, who shall give a 
copy of such returns instant er to the Receiver and he shall enter 
it in the several digests. 
Defaulter's § ^"77. ^ n e Clerk, in the cases set forth in sections 775 and 776, 
oath * shall require the tax payer to swear to the cause of his delay, 

and shall state the same in the copies furnished the Comptroller 
or Receiver. 
Comptroller § 778. The Comptroller General shall furnish all the Receivers 
fumish K°e- of Tax Returns with a sufficient number of blank forms to con- 
Sank forms, form to the tax laws, by which they shall make out their three 

Digests— digests and each digest shall be of uniform size, and when re- 
how made, ° ° 

turned shall be bound and labelled. 
Ketum of § 779. In making a return of taxable property the person re- 
madeT ° w turning, when making a general return, shall give in each tract 
or lot of land he may own, specifying its location by number, 
district and section, if known, the number of acres, if known, 
and its aggregate value, in which must be included the value of 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 153 

Article 4. — Taxes — How Returned and Collected. 

the buildings, machinery, toll bridges, ferries, or other improve- 
ments thereon or appurtenant thereto. 

£ 780. Such together with the returns of personal estate and Retm-no- 

00 x how entered 

other interests, the subject of taxation, must be returned and set ™ digest*. 
down in the digest in separate columns according to the classifi- 
cation furnished the Receivers by the Comptroller General in 
each year, and their aggregate value carried out, less the ex- 
emptions, such being specified. 

§781. The Receiver must make out three of such digests in a Number of 
fair and legible handwriting, and furnish by the first clay of whom fur- 
August, in each year, one to the Comptroller General, one to the 
Clerk of the Inferior Court and one to the Tax Collector. 

§782. If a Receiver makes a mistake in his digest, it is the Mistakes in 

u ' — how cor- 

duty of the Comptroller General, with the sanction of the Gov- r<?cted. 
ernor, to correct such mistake by making the necessary entries in 
the digest furnished the Comptroller, and must in writing notify 
the Clerk of the Inferior Court and the Tax Collector of the 
county from which such digest comes, of such mistake and cor- 
rection. 

§783. If by reason of such mistake, or from any other cause, Tax over- 
a tax payer's money is in the treasury for a greater amount than refunded 
he is liable for, of which such officer is clearly satisfied, he may Treasury. 
certify the same to the Governor, who shall, if he approves, draw 
his warrant on the Treasurer in favor of such tax payer for the 
proper amount, out of any monies not otherwise appropriated. 

§784. If such mistake is ascertained before the Tax Collector And before 
has paid the amount into the treasury, the Comptroller General, Treasury, 
with the sanction of the Grovernor, shall authorize such Collector 
to refund the amount, or if he has not collected it, to order him 
to desist. 

§ 785. When anv similar cases arise, which are doubtful in the Doubtful 

•/ ' cases. 

opinion of the Governor, he shall refer the matter to the General 
Assembly. 

§786. If a person fails to make a return in whole or in Defaulters 

. . -i a 1 n. ,r to be doubly 

part, or fails to affix a value to his property, it is the duty 01 the taxed. 
Receiver to make the valuation and assess the taxation thereon, 
and in all other respects to make the return for the defaulting 
person, from the best information he can obtain, and having done 
so, he shall double the tax in the last column of the digest against 
such defaulters, after having placed the proper market value or 
specific return in the proper column. 



154 FT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 4. — Taxes — How Returned and Collected. 

Property not §787. If there is taxable property, real or personal, in a coun- 

returned to ° r r s ^ , 7 , 

be doubly ty, except vacant or wild lands, that to the satisfaction of the 

taxed by Ee- . 

ceiyeror Receiver, when he comes to conclude his digest, is not returned 

Collector. ' . 

by any person, and he does not know the owner or possessor, it 
is his duty to assess and double tax it, describing it particularly, 
and the same power is conferred on the Tax Collector, as to such 
property, when not assessed or overlooked by the Receiver. 
whende- § 788. If persons who are required to give in land and negroes 
liable tor in the counties where situate fail so to do, they shall be liable 
only for the real tax assessed by the Receiver, unless they fail to 
pay the amount by the time required, in which event the Collec- 
tor shall collect the double tax and issue process therefor. 
Agents of § 789. All persons who give in property for persons not resident 



non-resi- 



dents per- in the State, shall be personally liable for the taxes, as well as 

6onally , , , , . 

liable. the principal and his property. 

when coi- §790. The several Tax Collectors must pay into the State 

Ipotors to 

pay taxes Treasury the taxes of their respective counties by the twentieth 

into Trea- rL r ' ; 

sury and day of December of each year, and shall at the same time, pre- 

present in- ° d ' *• 

solvent list. sen t their insolvent list, duly certified to have been allowed them 
by the Grand Jury, or the Justices of the Inferior Court if the 
Grand Jury has not acted in the premises. 
Disposition §791. When such lists are allowed they must be entered on 
list— when the minutes of the Inferior Court, and tlie Clerk thereof must 
furnish the Collector certified copies thereof, stating in the cer- 
tificate when and by what tribunal allowed. 
unallowed § 792. Collectors shall not be credited by the Comptroller Gen- 
list— when eral with an insolvent list, without being thus allowed, unless 
to ooiiec- they have first made bona fide applications, as required by law, to 

tor's credit. J , J rr i 1 J i 

the proper tribunals and have failed to have them allowed, from 
some cause not of their fault, as the failure of the Court or Jus- 
tices to meet, or for some Providential cause, which fact shall be 
certified to the Comptroller General by the Clerk of the Superior 
Court, when sufficient evidence shall be produced to show that 
the list was insolvent. 
when not. §793. They shall not, under any circumstances, be allowed or 
credited with such lists after executions are issued against them 
for taxes, until they go to the Comptroller General and settle 
fairly and fully with him. 
Sn n be tim ° § 794-. The time by which digests shall be completed, and the 
Receivers taxes paid, does not apply to Receivers and Collectors who have 
tors. ° e ° n ot been in office long enough to make such compliance, but in 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 155 

Article 4. — Taxes — How Returned and Collected. 

all such cases such officer must respond to the requirements of 
the Comptroller General. 

§795. Such officers are not liable for the penalties fixed for Newiy elect- 

cd lvGCcivcrs 

those regularly elected, until after the time allowed by the Comp- and coiiec- 

tor to have 

troller General has expired, unless they have been so long in time, 
office as would have been sufficient for the regular officers. 

§796. It is the duty of the Collector to examine the digest of collector to 
the Receiver, and if he knows of any default not entered, to gest of Re- 

CGlYGr to 

make a schedule of such in the same manner as done by the Re- make 'a 

in tit p i i schedule of 

ceiver, and oi any other that he may then or aiterwards learn, defaulters 

. . and to 

and of their property, and assess a double tax in the same man- double tax 

. . . the same. 

ner the Receiver is allowed to do, one copy of which shall be fur- 
nished to the Comptroller General to add to the digest in his 
office, and another to the Receiver, who shall likewise correct his 
digest. 

§ 797. And in other cases where any unexpected obstacles oc- comptroller 
cur to completing the digest or paying over the taxes within the aiiow fur- 

•i i • • • i t • f i ^t -it /n , thertime. 

time prescribed, it is m the discretion oi the Comptroller General 
to allow further and sufficient time. 

§798. Receivers and Collectors are required to receive the re-Taxosfor 
turns and to collect the taxes thereon for former years, when any ^wr 7 e e - arl 
person or county are in default, which taxes shall be assessed ac- collected. 
cording to the law in force at the time the default occurred, and 
shall be so specified in the digest. 

§ 799. The estate of any person shall not be liable for default Estate not 
when said person may have died before the time expired for giv- fault— when; 

_ T , . , and in no 

rng m taxes tor the year, and the representatives or any heir may event to be 
give in the same, and in any event, for that year, such estate shall ed the first 
not be liable to double tax. 



156 



PT. 1.— TIT. 7.— CHAP. 1.— Public Kevenue. 



Article 5. — Delinquc^c Tax Payers and Proceedings against them. 



AETICLE Y. 

DELINQUENT TAX PAYERS AND PROCEEDINGS AGAINST THEM. 



Section. 

800. Defaulting corporations. 

801. Forfeiture of charter, &c. 

802. Penalty where none is fixed. 

803. Default tax on foreign corporations. 

804. Penalty on lottery dealers. 

805. Assessments in absence of returns. 

806. Fi.fa. vs. corporation. 

807. Fi.fa. vs. agent — how executed. 

808. Duty of collecting officer. 

809. Relief of one unjustly put in default. 

810. Collector's fi. fa. — how issued, &c. 

811. By whom and how executed. 

812. Authority of Constable. 



Section. 

813. Sales under tax fi. fas. 

814. Excess — how disposed of. 

815. Conveyance to purchaser. 

816. Purchaser to have possession. 

817. Property exempt from sale. 

818. Claims — condition of claim bond. 

819. Unreturned property — proceeding. 

820. Owner may redeem land sold. 

821. Defaulting free negroes, &c. 

822. Tax fi.fa. runs to any county. 

823. Penalty against defaulting brokers. 

824. Defaulting corporations, &c. 



Comptroller 
General to 
issue./?. /a. 
against cer- 
tain delin- 
quents 



§ 800. If any corporation, company, person, agency or institu- 
tion, who are required to make their returns to the Comptroller 
General, shall fail to return the taxable property or specifics, or 
pay annually the taxes for which they are liable to the State 
Treasurer, the Comptroller General shall issue against them an 
execution for the amount of taxes due, according to law, together 
with the costs and penalties. 

§ 801. The penalty against all such corporations shall be the 
forfeiture of their charters, and if not chartered by this State, 
then the immediate suspension of their business therein. 

§ 802. The penalty or default tax on banks, railroads, and oth- 
er corporations, where there is no special provision, shall be three 
times the amount of their lawful tax. 

§ 803. The penalty or default tax on foreign insurance compa- 
nies shall be five hundred dollars, on foreign bank agencies two 
E, &T pa " thousand dollars, on express companies ten thousand dollars. 
Penalty § 804. The penalty on lottery dealers, if there should be any 

tfr^deafers. authorized by the laws of this State, shall be three times the 

amount of the taxes assessed. 
where no § 805. When there is no return by which to assess the tax, the 
comptroller Comptroller General shall, from the best information he can pro- 

General to -, . -. . . . 

assess tax. cure, assess in ins discretion. 

fne&by 1 *' §806. The executions issued by the Comptroller General 
Gene P rai° ller against any bank or other company, shall be directed to all and 
Ctompmy— singular the Sheriffs and other lawful officers of this State, with 
ed, w &c! rect directions to levy the same on the property of the corporation or 



Penalty 
against de- 
linquent in- 
corporations 



Penalty 
against cor- 
porations 
&c. 



Penalty 
against for- 
eign Insur- 



FT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 157 

Article 5. — Delinquent Tax Payers and Proceedings against them. 

company, with power to issue and serve garnishments upon the 
debtors of the corporation. 

4 807. The executions against agents of foreign institutions Fi.fas. vs. 

n • i i ' n i i • • i i ■ agents of for- 

as aforesaid, snail be against the principal, agent, or his successor, eign comm- 
and shall authorize the officer to levy on all the property of the 
agency, to seize its money, notes, or other effects. . 

§ 808. When an officer collects money on such process or on Money rais- 
any other issued by the Comptroller General, he shall, without./?. Jus^toll 
delay, remit the same to him by some safe and speedy method, and senTto 
on failure to do so is liable as he would be to other plaintiffs. General. 

§809. When a person shall have lawfully returned and paid one wrongly 

• • -]• i i n i i judged a de- 

his taxes m one county, and is treated as a defaulter in another fauiter-now 

relieved. 

for the same tax, or any portion thereof, the Grand Jury or the 
Justices of the Inferior Court of the county claiming the tax, 
may discharge said defaulter, which will exempt him from liability 
for it, and shall authorize the Comptroller to credit the Collector 
for the same, and the Governor to draw his warrant therefor. 

§810. Executions for non-payment of taxes, against persons Tax coiiec- 
who are not required to pay to the Treasurer, are issued by the —when and 
Tax Collectors of their respective counties as soon as the last day 
for payment has arrived, and must be directed to all and singular, 
the Sheriffs and Constables of this State. 

§811. Executions may be levied by either of the officers to By whom 
whom directed, or other officer, who by law may be authorized sales under. 
in their place ; when the principal amount does not exceed fifty 
dollars, the levy and sale must be made by a Constable and not 
otherwise ; if the Constable levies on land or negroes, they must 
be returned to and sold by the Sheriff of the county. 

§812. The Tax Collector may place his ft. fas. in the hands ofconstabie^ 

O ./ J. e/ t/ ma y J eV y m 

any one Constable of the county, who shall be authorized to col- any part of 

J *> ' the county. 

lect or levy the same in any part of the county. 

§813. Sales under tax fi. fas. shall be made under the same sales under 

rules governing other judicial sales. 

§ 814:. If there is any excess, after paying taxes and all ex- Excess— 
° J 1.-11 • hyw P aid - 

penses, it shall be immediately paid to the person authorized to 

receive it. 

1 815. The deed or bill of sale made by such officer shall be Deed made 

° •J . at sale under 

just as valid to the purchaser as if made under the ordinary pro- ta ^.-J-^ 5 *- 
cess of law issuing from the Superior Court. 

§ 816. The officer selling has the authority to put purchasers in JSSlwta 

(i-i i ii • ,i possession of 

possession ot land sold, as in other cases. l iU1(1 . 



158 PT. 1.— TIT. 7.— CHAP. 1.— Public Kevenue. 

Article 5. — Delinquent Tax Payers and Proceedings against them. 

Property ex- §817. Property exempted from levy and sale ordinarily, is 
3 r ° m exempted from levy and sale for taxes. 

oiaim may §818. When property is levied on nnder a tax fi. fa., issued 
p^seTwhen either by the Comptroller General or Tax Collector, it may be 
SviSf 1 ' 1S claimed by a third person, and tried in the same manner as other 
giv^bond? claims are, except that the claimant shall give a bond and securi- 
abiea°son " ty for the eventual condemnation money, and if fonnd subject, 
appea on . ^^ c i a i man t and his sureties shall be in all respects liable as on 
Property not appeal bond. 

assessed to* 1 § 819. When property is assessed for taxes which has not been 
hired, over- returned by any one, as soon as assessed, the Tax Collector shall 
Ordinary, at once issue an execution against it for the amount due and 
claimed by costs, and the Sheriff shall advertise it for sale in some public ga- 
zette ninety days before the day of sale, and if, by said day, the 
taxes are not paid, it shall be sold, provided, renting or hiring 
will not bring the requisite amount. Whatever overplus there 
may be shall be paid over to the Ordinary as a part of the Edu- 
cational Fund, with a statement of the property and account of 
Land sold sa ^ es ) subject to the claim of the true owner within four years, 
nnder tax fi. fi g20. Whenever any land is sold by virtue of a tax execution 

fa. may be <-> «/ «/ 

owne? 1601 by i ssue d under this Code, the owner thereof shall have the privilege 
of redeeming said land thus sold, within one year, by paying the 
purchaser the amount paid by said purchaser for said land, with 
ten per cent, premium thereon, from the date of the purchase to 

Free negroes the time of payment. 

be Mred^ut! § 821. Free persons of color, whose taxes are not paid and have 
not property sufficient, shall be hired out, from year to year, at 
any time, on ten days' public notice, and the overplus, if any, paid 

status when to the guardian. A written direction from the Tax Collector 

tiatofa' sna U ^ e sufficient authority for such hiring by the Sheriff. The 

slave " status of the free person of color, during the time of hiring, is 

T&xfi./a. that of a slave. 

™vmty. any §822. If there is not sufficient property in the county where 
the tax payer resides to satisfy the taxes, property situated in 

Brokers & c an y otner county, is the subject of levy and sale. 

failing to re-! fi g23. If any Broker, Private Banker, or Exchange Merchant, 

turn amount o J j i o ? 

tLTd $500 or their Agents, in this State, fail to return the amount of capi- 
tal they intend to employ during the year, they shall pay a tax 

Defaulting °^ nve hundred dollars, to be levied and collected as other taxes. 

companies. g §21. Any incorporated, or other company, making default, 
shall be taxed by the Collector as such defaulters are by the 
Comptroller General. 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



159 



Article 6. — Delinquent Tax Eeceivers and Collectors and Proceedings against them. 



AETICLE YI. 

DELINQUENT TAX RECEIVERS AND COLLECTORS AND PROCEEDINGS 

AGAINST THEM. 



Section. 

825. Penalty for not completing Digest. 

826. Penalty for improper Digest. 

827. Penalty for useless Digest. 

828. Receivers' liability — how enforced. 

829. Penalty for false Digest. 

830. Penalty for deceiving tax payer. 

831. Altering Digest by Collector. 

832. Fi. fa. vs. Collector and Sureties. 



Section. 

833. Amount of penalty. 

834. Fi.fas. vs. Tax Officers. 

835. How fi. fa. may be suspended. 
836 Property bound from date of bond. 

837. Sales under fi. fas. vs. Tax Officers. 

838. Collector must await digest. 

839. Must give bond, &c, before he collect. 

840. Governor mav vacate commissions. 



§ 825. If a Tax Receiver fails to have liis digest completed receiver 
and deposited by the first day of August in each year, unless ex- compete di- 
cused by the terms of the law or by the Comptroller General, he SKt commie- 
forfeits, for every week's delay, one-tenth of his commissions ; 
and if the delay extends beyond thirty days he forfeits one-half 
his commissions ; and if beyond the time when the Governor and 
Comptroller fix the rate per cent., he forfeits all his commissions. 

§826. If he fails to make out his digest in the manner pre- Failing to 

scribed by law, or to comply with the directions given him by per digest, 

the Comptroller General, in so doing he forfeits one-half his com- half commis- 
sions. 
missions. 

§ 827. If such digest is made out so badly as not to answer the Making a 

useless fli* 

purpose of the tax laws, he forfeits all his commissions, and must gest, to for- 

. . ' -' feit all com- 

be removed from office by the Justices of the Inferior Court, on missions and 

^ be removed 

the request of the Comptroller General. 

§ 828. If he receives commissions, which he is not entitled to Becoming 

, -, n indebted t° 

receive or retain, or in any other manner becomes possessed oi the state— 

. -i oi • t -1 • j.i process to 

any money belonging to the btate, or incurs any liability thereto, issue again 
the Comptroller General is authorized to issue execution or other 
legal process against him. 

§829. If a Receiver makes a false return in either of his di- Making false 

° , return to an- 

gests, expressive of more than is returned, he shall forfeit to the ^^^J" 
party aggrieved, in all cases, one hundred dollars, and if the 
amount out of which such party is defrauded by such return is 
more than one hundred dollars, then ten dollars for every one 
dollar over that amount, to be recovered by a qui-tam action. 

§ 830. If, by any device, intentionally, he causes the tax payer Liable for 
to pay more than his lawful tax, the provisions of the preceding Lax plyef. 
section apply. 



160 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



Article 6 — Delinquent Tax Receivers and Collectors and Proceedings against them. 

collector § 831. If any Collector, with fraudulent intent, alters the di- 

fraudulently u " , 

altering di- gest rendered to him, or any other ot the digests of his county, 

gest, guilty ° 7 d . 1 ° ^ ' 

of forgery, he is guilty of forgery, and, on conviction, shall be punished by 
imprisonment in the Penitentiary for not less than two nor long- 
er than ten years. 
Execution to § 832. If any Collector shall fail to settle his accounts with the 
him e on g Sii- Comptroller General in the terms of the law, he shall issue exe- 
iiis accounts, cution against him and his sureties for the principal amount, 

with the penalty and costs. 
Amount of §833. The penalty is twenty per cent, per annum, upon the 
penalty. am01in t retained, from the time of default until paid, which in- 
cludes interest. 
Fi./as. § 834. All executions and other process against Collectors and 

ieeton, how Receivers must be directed to all and singular the Sheriffs of this 
executed.*" 1 State, and must be executed by them, their lawful deputy, or 

other officer lawfully in their stead. 
Not to be §835. Executions so issued shall not be suspended or delayed 
&c by any judicial interference with them, but the Governor may 

suspend the collection not longer than the next meeting of the 
General Assembly. 
Pro ert of § ^^' ^ ne P ro P er ty °f Collectors, Receivers and of their sure- 
Eecd^r' 8 ' ties, are bound, from the execution of their bonds, for the pay- 
&c * ment of taxes collected and the discharge of their duties. 

Levy and §837. The proceedings in selling property under such execu- 
J£/aS. n 4a ti° ns niust be the same as under fi.fas. issued from the Superior 

Court- 
Collector ot § ^^* ^ an y Collector shall collect, or attempt to collect any 
SxTs'&ci taxes before the Receiver has completed and transmitted his di- 
gest to the Comptroller General, unless specially so ordered by 
such officer, or allowed by special enactment, he forfeits to the 
State double the amount so collected, or attempted to be col- 
lected, to be recovered by execution issued by the Comptroller 
General. 

§ 839. If any Collector collects, or attempts to collect, anv tax 

Collector not . 

to collect lax before he has given, and had approved the necessary bonds and 

before giv- ° x x J 

ing bond, &c. security, and taken the oaths of office, he is guilty of a misde- 
meanor, and, upon indictment and conviction, shall be fined not 
less than one hundred dollars, and, in addition, double the amount 
so collected, and in default of payment three months' imprison- 
Govemor ment in the common jail. The Governor may vacate the coin- 
commfaSon missions of defaulting Tax Collectors, or, of Tax Receivers failing 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



161 



Article 7. — Tax Receivers. 



or refusing to do their duty, and in such event the vacancy shall 
be filled in the manner prescribed for other vacancies. 



ARTICLE VII. 



TAX RECEIVERS. 



Section. 

840. How Receivers are elected, &c. 

841. Vacancies — how filled. 

842. Receiver's oath. 

843. Liability on bond. 

844. Receiver's duties specified. 

845. His failure to advertise — no excuse. 



Section". 

846. Penalty for refusing return. 

847. Party refused, fee. 

848. Clerk must forward returns. 

849. Claim of right to assess — no refusal 

850. Receiver's pay from county. 



§840. Tax Receivers shall be elected on the first Wednesday Tax Keceiv- 
in January of each year, for the term of one year, and are com- elected, &c. 
missioned and qualified as Clerks of the Superior Court are. 

§ 841. Vacancies are filled as vacancies for such Clerks, but if vacancies- 
there is not time to fill the same by the first day of May in each how m ed ' 
year by election, the Justices of the Inferior Court shall appoint 
one, who shall discharge the duties of the office for the balance 
of the year. 

§ 842. Such Receiver, whether elected or apppointed, before Eeceiver's 
entering on the duties of his office, besides the oath required ° a ' 
of all civil officers, must take and subscribe the following oath : 

" I swear that I will truly and faithfully perform the duties of 
Receiver of returns of taxable property, or of persons or things 
specially taxed in the county to which I am appointed, as re- 
quired of me by the laws, and will not receive any return but on 
oath or affirmation, and will, before receiving returns, carefully 
examine each, and will, to the best of my ability, carry out all 
the requirements made upon me by the tax law. So help me 
God." 

He shall also, at the same time, give bond and security in Amount of 
double the amount of the taxes due the State in his county, ta- bond! Ters 
king the taxes of the previous year as a basis, subject to be in- 
creased or diminished according to the rate per cent, of taxa- 
tion and the directions of the Comptroller General. 

§843. Receivers and their sureties are liable on their bonds Liability of 
for all penalties or forfeitures they may incur under the law, <s £ ceivers ' 
and for all losses, or damage, or expense the State may sus- 
tain by reason of their conduct. 
11 



162 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 

Article 1. — Tax Receivers. 

Duties of § 844. It is his duty — 

JvCCGlVGI* 

©numerated. 1. To receive all returns of taxes within the time and in the 
manner prescribed by law. 

2. To make out and perfect the three digests in writing and 
figures plainly, legibly and neatly, and to properly deposit them. 

3. To give ten days' notice in writing of the several times and 
places at which he will attend in the several Militia Districts of 
the county, for the purpose of receiving tax returns. 

4. To attend at such place at least three times during the time 
allowed in which to make returns. 

5. To keep a standing advertisement as to the day or days 
when he will be at the county site for such purpose. 

6. To receive tax returns at any time when a tax payer applies 
to give in. 

7. To embrace in his digest to the Comptroller General, the 
Clerk of the Inferior Court and the Tax Collector, respectively, 
a list of all defaulters, and the amount of their true and double 
tax, and of all property assessed by them and returned by no one, 
or other special action had in conformity to the laws. 

8. To publish at the door of the Court House for thirty days 
lists of all the defaulters and the amount of their double taxes. 

9. To take from each tax payer resident of the county at the 
time of receiving his tax returns the number of his own children 
between the ages of six and eighteen years, and those for whom 
he is guardian, and enter the same in the proper place and col- 
umn in the digests. 

10. To assess upon the digests deposited with the Clerk of the 
Inferior Court the county taxes according to law, and the rate 
per cent, levied by the Justices of the Inferior Court. 

11. To conform to such rules as he may be furnished with, 
and to obey such orders as may be given by the Comptroller 
General. 

12. To perform all other duties that the law requires, and 
which necessarily under the law appertain to his office. 

§ 845. It shall not be an excuse to any person for not making 

Negligence ° . . ° 

of Receiver, a re turn of his taxes as the law requires, that the Receiver 

should fail to advertise or fill his appointments. 
Eefusai of § ^'46. If any Receiver refuses to receive any return of taxes 
Kvere- when properly tendered, and in presence of a witness, and in the 
turns, &c. t - me tkg i aw require^ ne is guilty of a misdemeanor, and, on in- 
dictment and conviction, shall be fined not less than fifty dollars. 



PT. 1.— TIT. 7.— CHAP. 1.— Public Eevenue. 



163 



Article 1. — Tax Receivers. 



1 847. The person whose return is thus refused may save a one whoso 

rofciiT*n daa 

double tax by making his return to the Clerk of the Inferior not been re- 

ceived &c. 

Court, together with an affidavit in writing that he tendered said 
return to the Receiver, stating the time when, place where, and 
persons present, and that it was refused. 

§ 848. Such Clerk shall forward a copy of said return and affi- where re- 

, . -i,rN -M/-1 -i'ii t i .. turn is made 

davit to the Comptroller General instanter, and retain the ongi- to cierk of 
nals for which he shall be entitled to one dollar from the tax com*, 
payer. 

§ 849. The claim of the Receiver to assess a tax payer's pro- no refusal 

i , /» • i j_ • ±. of a return 

perty is not a reiusal to receive a return. • & c . 

§ 850. The county shall pay the Receiver one-half of what the receiver's 
Collector gets for collecting the county tax. 



ARTICLE VIII. 



TAX COLLECTOR. 



Section. 

851. Election & qualification of Collectors. 

852. Vacancies — how filled. 

853. Collector's oath. 

854. Collector's bond. 

855. Bond for county tax — how approv'd. 



Section. 
856. Must give bond before he collects. 
851. County Collector appointed — when. 
S58. Collectors duties specified. 
859. His failures no excuse for others. 



§ 851. Tax Collectors are elected at the same time, in the same Election, 
manner, lor the same term oi omce, and are commissioned andofTaxCoi- 

t n -t m -r> • lectors, &c. 

qualified as lax Receivers. 

§ 852. Vacancies are filled as they are in the office of Receiver, yacancies- 
and section No. 841 respecting Receivers, applies to Collectors, 1301 
except so much thereof as fixes the first day of May, and in lieu 
thereof for Collectors the first day of August shall be the time. 

§ 853. Before entering on the duties of his office, besides the collector's 
oath required of all civil officers, he shall take and subscribe 
the following oath : 

" I, , Tax Collector of the county of , do swear 

that I will faithfully discharge the duties required of me by law 
as Tax Collector, and that I will search out and make a true re- 
turn of all defaulters, polls, professions, free persons of color, and 
all taxable property not found on the Tax Receiver's digest, or 
not returned to the Clerk of the Superior Court by the fifteenth of 



164 PT. 1.— TIT. 7.— CHAP. 1.— Public Eeventje. 

Article 8. — Tax Collectors. 

August, and that I will pay over all taxes collected by me as re- 
quired by law. So help me God." 
Bond and se- §854. He shall also give bond and security for the State tax 
given! ° e on the same basis and the same terms that the Receiver is re- 
quired to do, and shall give another bond with sufficient security, 
payable to the Justices of the Inferior Court, conditioned for the 
faithful performance of his duties as Collector of the county 
tax, in a sum to be fixed by such Justices. 
Approved § 855. Such bond for county taxes, when given, must be ap- 

by Inferior ° . , , . . 

court. proved by three Justices of the Inferior Court, filed in the office 
of their Clerk, recorded in the book with other official bonds, 
and in all respects is an official bond. 
Bond to be §856. Tax Collectors shall not collect any portion of the coun- 
ty tax until such bond is given, and if they fail to give such a 
bond, or one satisfactory to such Justices, they may appoint some 
competent person to collect the county tax. 
Duty of per- § 857. When such an appointment is made, the person ap- 
po?nted. p " pointed shall give such a bond as is required of a Tax Collector, 
and he shall take an oath faithfully to collect and pay over the 
county tax, and in all respects shall have the same privileges, 
discharge the same duties and incur the same penalties as the 
Tax Collector would in collecting the county tax. 
collector's § 858. It is the duty of the Tax Collector — 
m U erated nu " 1. To diligently collect and promptly pay over in the funds 
. allowed by law the State and county taxes to the Comptroller 
General and County Treasurer respectively. 

2. To search out and ascertain as far as possible, all polls, 
professions, free persons of color, and all taxable property not 
returned to the Receiver or not found in his digests. 

3. To enter all of such defaults in a book kept for that pur- 
pose, to assess and collect thereon a double tax and pay the same 
over to the Comptroller General and County Treasurer respec- 
tively, after deducting double commissions, and to deposit said 
book with the Comptroller General, and a copy with the Clerk 
of the Inferior Court, before the day of final settlement. 

4. To have his insolvent lists allowed in the manner required 
by law before final settlement with the Comptroller General. 

5. To issue executions against all defaulters and insolvents, 
and place them with the proper officer for collection. 

6. To give notice of the time and places of his attending to 
collect the taxes, and of the days he will be at the Court House, 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



165 



Article 9. — Compensation of Collectors and Receivers. 



and there to attend during the time for collection as required of 
the Receiver. 

7. To publish at the door of the Court House, for thirty days, 
his insolvent lists, including the taxes of each person thereon. 
To furnish to election managers of the county, lists of all persons 
who have not paid their taxes. 

8. To pay the Receiver his commissions upon the produc- 
tion of the Comptroller General's receipt, for his digest, with 
a specification therein of the amount of commissions to which 
he is entitled, and not otherwise, and to produce said Re- 
ceiver's receipts, with his receipts thereon, to the Comptroller 
General before he shall be allowed credits for such commis- 
sions. 

9. To conform to such rules as may be furnished, and to obey 
such orders as may be given by the Comptroller General. 

10. To perform all other duties that the law requires, and 
which necessarily, under the law, appertain to his office. 

§859. It is no excuse to any person for not paying his taxes collector's 
as the law requires, that the Collector should fail to advertise or no b excuse to 

(-,-,-,-,. . defaulting 

nil his appointments. taxpayer. 



ARTICLE IX. 

COMPENSATION OF COLLECTORS AND RECEIVERS. 
Section 860. Pay of Receivers and Collectors. 

§860. The following rates of commissions shall be allowed incoinmis- 

-i ry, „sions of Ee- 

the net amount of each digest to each Receiver and Collector of ceiver and 

~ Collector. 

the State taxes, to wit : 

On all digests over $20,000 3 per cent. 



a 


u i 


i a 


10,000 


and under $20,000 


4 


a 


a 


a 


a i 


i a 


6,000 


u a 


10,000 


5 


a 


a 


u 


a i 


i a 


4,000 


a u 


6,000 


6 


a 


a 


a 


a i 


i a 


3,000 


a u 


4,000 


7 


a 


a 


a 


U i 


c a 


2,000 


a u 


3,000 


S 


et ' 


a 


a 


a i 


i a 


1,000 


a a 


2,000 


9 


a 


u 


a 


a i 


6 under 


1,000 






10 


a 


it 



166 



PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 



Article 10. — Miscellaneous Provisions. 



ARTICLE X. 



MISCELLANEOUS PROVISIONS. 



Section. 

861. Comptroller may make rules. 

862. Rules to be furnished tax officers. 



Section. 

863. Rules to be published. 

864. Bonds of tax officers sued on. 



Comptroller § 861. The Comptroller General lias authority to make all 
make rules needful rules and regulations for the government of Tax Col- 

for Collec- , t t» ■ . n -i -i i t 

tors and Ee- lectors and Receivers, and any other rules that may be neces- 

oeivera. . 

sary to insure the prompt and faithful execution of the tax laws, 
if not in violation of or inconsistent therewith. 

§. 862. These rules, when made, shall be entered in a book in 

his office, kept for that purpose, and be binding on all successors 

thenTto Ee- until amended or repealed, copies of which shall be printed and 

ccivcrs And ■ 

collectors, furnished to Receivers and Collectors at the time of sending 
them the forms required. i 

§ 863. They shall also be printed during the month of March, 
every year, in a public gazette, published at the Seat of Govern- 
ment, if in the discretion of the Comptroller he shall deem it 
beneficial. 

Bonds of § 864. Nothing shall be so construed as to make the Collector's 

Collectors & . , t i 

Eeceivers and Receiver s bonds not subject to be sued according to due 

subject to bo ° ° 

sued on. process of law, but which is not to be done unless some emer- 
gency should make it necessary. 



Enter the 
same in a 
book and 
furnish 



And may 
publish 
them in a 
newspaper, 



CHAPTER II. 

REVENUE FROM OTHER SOURCES. 



Section. 

865. Sources of revenue, &c. 

866. What monies go into Treasury. 



| Section. 

I 861. What fees go into Treasury. 



Eevenue-of §865. The sources from which the State does or may derive 

from sources revenue, other than by taxation, are as follows : 

taxftion an 1. The net earnings of the Western and Atlantic Railroad. 

2. Dividends on the Bank Stock owned by the State. 

3. Dividends or interests on the stock owned in the Main 
Trunk Railroad. 

- 4. Sale of State Bonds at a premium. 
5. The use by individuals of any other property of the State. 



FT. 1.— TIT. 7.— Public Revenue. 167 

Chapter 2. — Revenue from other Sources. 

6. Receipts for military or other claims against the Confede- 
rate States. 

7. Receipts from assets of the Central Bank and other old 
claims. 

8. Receipts on claims from Tax Collectors or other officers for 
previous years, which were in litigation or regarded as insolvent. 

9. Dues for the sale of reverted or other land, to which the 
State may have the title. 

10. Fees which the Secretaries of the Governor, the Secretary 
of State, the Treasurer, the Comptroller General and Surveyor 
General and Librarian may receive for official duties. 

§866. All the receipts from the resources mentioned in the Miscella . 
preceding section, all fees not specially awarded to any particu- nueTc/bl 6 * 
lar officer, all fines and forfeitures, not otherwise disposed of, allffiiy, e 
monies collected from any source, or on any account, to which 
the State is entitled, not otherwise directed, must be paid into 
the State Treasury. 

§ 867. The fees which officers are allowed to charge and which, Fees to be 
when collected, must be paid to the Treasurer, are as follows : Treasurer. 

Thoseof 

1. Those by the Secretaries of the Governor — Governor's 

SGcrcttirv 

A grant for 100 acres or under, $1 00 

u u u over 100 acreg or un( j er 300^ 2 00 

" " " " 300 " " " 500, ■ .... 3 00 

" " " " 500 " " " 1000, 1 00 

" 1000, and over, one per cent, per acre for every ad- 
ditional acre. 
Affixing the Great Seal of the State by order of the Governor, 

to anything of a private nature $2 00 

For every examination of records per request, 50 

Administering oath of office to a salaried officer and giving 

certificate thereof 1 00 

Entering a testimonial, 50 

Attaching the seal of the Executive Department 1 00 

Certified copy of any record not more than 300 words .... 1 00 
If more than 300 words, per hundred words 10 

2. Those by the Secretary of State — Secretary of 
For a grant of land, and affixing the seal thereto, the same as is 

allowed the Secretaries of the Governor, according to the num- 
ber of acres. 

For registering each grant $ 50 

For registering bond or other similar writing 1 00 



Treasurer. 



•Jomptroller 
General. 



168 PT. 1.— TIT. 1— Public Revenue. 

Chapter 2. — Eevenue from other Sources. 

For a testimonial, without the Great Seal, 1 00 

For a testimonial, with the Great Seal, , 2 00 

Affixing the Great Seal to any other paper, 1 00 

For a certified copy of a grant to land, 1 00 

For a certified copy of any other paper not of more words, 1 00 

For more words, per hundred, 10 

For every search, per request, 25 

3. Those by the Treasurer — 
For every extract or copy from any book, minutes or file of office, 

not more than 300 words, $1 00 

For every additional 100 words, 10 

For every search, by request, 25 

4. Those by 'the Comptroller General — 
Every extract or copy from any book, minutes or file of office, 

not more than 300 words, $1 00 

For every additional 100 words, 10 

For every search, by request, 25 

5. Those by the Surveyor General — 
For examing a plat, $ 50 

" recording a plat, 1 25 

" recording a plat of a town, township or village, 10 00 

Transmitting a caveat to Governor and attending thereon, 1 00 

Certified copy of any original record, not more than 300 

words, 1 00 

For every additional hundred words, 10 

Certified copy of an original warrant, 50 

Issuing a certificate of a record, 50 

For every search, per request, 25 

Librarian. 6. Those by the Librarian — 

Certifying to the existence or contents of any manuscript, map, 

or other document entrusted to his keeping, $1 00 

Furnishing copies of his catalogue of books, 50 



Surveyor 
General. 



FT. 1.— TIT. 8.— Public Debt. 



169 



Chapter 1.— Public Debt. 



TITLE Till. 

THE PUBLIC DEBT. 



CHAPTER I. 



THE PUBLIC DEBT. 



Section. 

868. Of what bonds the public debt, &c. 

869. State bonds — how authenticated. 

870. Amount of bonds, time of payment. 

871. Coupons — how signed and paid. 

872. Bond must accompany coupon, &c. 

873. State bonds — where payable. 

874. Bonds may be exchanged — when. 

875. Bonds taken up not to be re-issued. 

876. New bonds may issue for lost ones. 



Section. 

877. On what showing new bonds issue. 

878. State must be indemnified. 

879. Bonds, &c, paid off — how kept. 

880. Payment of bonds provided for. 

881. Surplus set apart. 

882. Overplus paid to bonds not due. 

883. Bonds paid before due to be reported. 

884. Provisions for education, &c. 



868. The public debt of this State consists of the following. Bonds ism- 

° ed for public 

bonds : debt. 



y-6« 



Date of 

Emission. 



Jan. 25,1840 

Jan. 25,1841 
Jan. 1, 1S42 
June 1, 1842 
Jan. 1, 1S43 
May 1, 1S44 
July 15, 1844 

July 1. 1848 

July 1, 1S4S 

May 1, 1848 
Jan. 1, 1852 

Jan. 1, 1852 

Jan. 1, 1852 
July 1, 1S55 
Feb. 1, 1S5S 
Feb. 1, 1S59 
Aug. 1, 1S59 
Feb. 1, 18G0 
Jan. 20, 1S4S 
Jan. 20, 1848 
Aug. 1, 184S 
Feb. 14, 1S4S 
Feb. 1, 1849 
Feb. 1, 1S49 
Jan. 20, 1849 
Jan. 20, 1S49 
Feb. 1, 1849 
1839 



Eate of 
Interest. 



G per cent. 

6 per cent. 
6 per cent. 
per cent. 

6 per cent. 

7 per cent. 
6 per cent. 

6 per cent. 

6 per cent. 

7 per cent. 
7 per cent. 

7 per cent. 

6 per cent, 
6 per cent, 
G per cent, 
G per cent, 
G per cent. 

6 per cent. 

7 per cent. 
7 per cent. 
7 per cent. 
7 per cent, 
7 per cent. 
7 per cent, 
7 per cent, 

1 7 per cent, 
7 per cent 
5 per cent, 



When Paya- 
ble. 



June 1 

July 1 
June 1 
Jan. 1 
Jan. .1 
May 1 
Sept. 1 

July 1 

July 1 

May 1 
Jan. 1 

Jan. 1 



July 
July 
Feb. 
Feb. 
Aug. 
Feb. 
Jan. 
Jan. 
Aug. 
Feb. 
Feb. 
Feb. 
Jan. 
Jan. 
Feb. 



1870 

1871 

1872 
1873 
1873 
1874 
1SG9 



Place of Payment. 



State Treasury 



186S Augusta, Georgia, 



1SG3 

1S74 
1S62 

1872 

1872 
1SG5 
1878 
1S79 
1S79 
1SS0 
18G1 
1862 
1S60 
1S62 
1860 
1S63 
1S61 
1862 
1864 
1S69 



Savannah, " 

Augusta, Sav. or Treas. 
Bank State of Ga., Sav. 



Bank Kepublic, N. Y 
Bank State of Ga., Sav 
New York 



State Treasury,. 



City of London, . 



Outstand- 



$102,500 00 

156,250 00 
97,000 00 

101.500 00 
69.500 00 
75.000 00 

262,500 00 

190,000 00 

28,000 00 

177,000 00 
100,000 00 

' 100,000 00 

525,000 00 
16,500 00 

100,000 00 

150,000 00 
50,000 00 

150,000 00 
50,000 00 
20,000 00 



45.500 00 
5,000 00 
12,500 00 
00,000 00 
72,000 00 



Bemarks. 



On account of Wes- 
tern & Atlantic E. E. 



Eedeemable at op- 
tion of State after 10 
years. 

10 years, redeemable 
as above. 



Eedeemable at' op- 
tion of State after 10 
years. 



For Atlantic &, G. E, E. 



For Central Bank. 



«* + 



Sterling bonds. 



869. All bonds or certificates of the State for the State debt 



170 PT. 1.— TIT. 8.— Public Debt. 

Chapter 1.— Public Debt. 

state bonds must be authenticated by the signature of the Governor, the Sec- 

and certifi- i » i • 

cates— how retary of State, and stamped with one side of the seal of the 

authentica- " ' x 

ted. State, to wit, that side wliich has on it the motto "Wisdom, 

Justice and Moderation. 

Amounts of, § 870. They shall be, unless otherwise specially ordered by the 

payable. General Assembly, in sums of five hundred and one thousand 
dollars each, payable in twenty years after their date, bearing in- 
terest at six per cent, per annum, which interest is payable semi- 
annually by coupons thereto annexed. 

coupons— § 871. They may, before or after issued, be presented to the 

how signed ° J J ' . 

and paid. State Treasurer, who shall sign, in his official capacity, all the 

coupons thereto attached, which then may be paid at maturity 

by the Treasurer, without the presentation of the bond or further 

warrant or authority. 

Whenun- §872. If coupons are not thus signed they shall not be paid, 

be paid, un- unless accompanied by the bond to which they belong, and before- 

less accom- ' 

paniedby payment shaii be by the Ireasurer detached. 

when put- § 873. The principal and interest shall be made payable at 

paid! 3e such place in this State or other of the Confederate States as the 
Governor may in his discretion direct, and he may direct the 
principal payable at one place and the interest at another. 

Bonds paya- § 874. Where citizens of this State become possessed of State 

bleoutofthe , x 

state,heid bonds, payable out of this State, the Governor may ffive in ex- 

by citizens, «/ o 

S be d! x " cnan g e f° r them, bonds payable herein, provided there is no loss 
to the State by the exchange, and the expense thereof, if any, is 
borne by the holders of the bonds. 

Such origi- § 875. When such exchange occurs the original bonds so taken 

not to be re- up shall not be re-issued on any account whatever, unless special- 
ly provided for by the General Assembly. 

Lost bonds § 876. When any bond or coupons shall be lost, mutilated or 
destroyed, the Governor may issue to the holder a new bond, with 
proper coupons attached. 

srewbonds- 8 877. When mutilated, the mutilated bonds must be surren- 

how obtain- ° • i *v» --i • *» 

«£• dered ; when lost or destroyed, the holder must make affidavit ot 

such fact, that they were his, in his own or some other right, at 
the time of the loss or destruction ; if lost, that he has made dili- 
gent search without avail, and despairs of ever finding them, and 
that he does not believe they are possessed by any person. 
Bond and § 878. Having made such affidavit, he shall then, before receiv- 
g?ven ytobe m g the new bond, give bond and surety to the Governor in a, 
sum double the amount of the principal thereof and the unpaid: 



PT. 1.— TIT. 8.— Public Debt. 171 

Chapter 1. — Public Debt. 

interest thereon, conditioned to save the State harmless on ac- 
count of issuing snch new bond. 

§ 879. When bonds or coupons are paid they innst be stamped Disposition 
as paid, and preserved in the Treasurer's office with the same and coupons 

x ' x "when paid. 

care as the funds of the State. 

§880. An amount of money stands annually appropriated suf- Appropna- 
ficient to pay the principal and interest of any bonded debt ofiyforbond- 

n t • --I -i ■ i eddebt 

the State becoming due during the year. 

§881. Any surplus in the Treasury, after allowing for all the surplus in 

Treasury 

annual charges against it, including such claims, is likewise ap- appropriated 

fe to '. fe ' l to bonded 

propriated to the same object. debt 

§ 882. Whatever amount may remain from the appropriations Surp i ug ap _ 
contained in the two preceding sections, more than enough to pay may bear? 
such debts, may be applied, by the order of the Governor, to re- tmavIo? Q 
deeming any particular class of bonds not due as he may order, 
and which, in his judgment, it is to the interest of the State to 
prefer and anticipate. 

§ 883. All bonds redeemed before maturity must be by the Bond3 re _ 
Governor annually reported to the General Assembly, particu- iSJdJi,*** 
larly described, and the terms upon which they were so redeemed. 

§ 884. For the purpose of carrying into effect, the changing of provision 
the public debt, paid with the net earnings of the Western & At- p°roce?as y of S 
lantic Pailroad, into a permanent Educational Fund, the Gover- R.'to Edu- 
nor is authorized to substitute other State bonds bearing the same Fund!* 
rate of interest for those in the hands of holders, and to issue new 
bonds and arrange them upon such schedule, and payable at such 
periods as that by providing annually a sinking fund, the whole 
principal of the public debt shall be extinguished by the time the 
last bonds shall become due. This sinking fund, when ascer- Annual 
tained, shall be paid out of the net earnings of the Western ^f^ow^a'S- 
Atlantic Pailroad, and until ascertained the Governor shall use E^en paid. 
so much of the earnings of said road as shall be necessary to meet 
said bonds annually falling due. 



172 



PT. 1.— TIT. 9.— Public Property. 



Chapter 1. — Public Buildings. 



TITLE IX. 

PUBLIC PROPERTY. 



Buildings 
owned by 
the State. 



Partly own- 
ed by the 

State. 



Lands own- 
ed by the 

State. 



CHAPTEK I. 

PUBLIC BUILDINGS. 



Section. 
885. Buildings owned by the State. 



I Section. 
886. Buildings the State is interested in. 



§ 885. The buildings, and those appurtenant thereto, belonging 
to the State are — 

The State Capitol. 

The Governor's Mansion. 

The State Arsenals at Milled^eville and Savannah, and the 
Military Institute at Marietta ; the Deaf and Dumb Asylum at 
Cave Spring ; the Lunatic Asylum near Milledgeville ; the Pen- 
itentiary at Milledgeville ; the buildings of the "Western & At- 
lantic Pailroad. 

§ 886. The State has an interest in — 

The University of Georgia at Athens. 

The Asylum for the Blind at Macon.* 



Ocmulget 



CHAPTER II. 

THE LANDS OF THE STATE. 
Section 88 1. Lands reserved to the State. 

§ 887. The lands specially reserved to the State are — 
The lands known as the " Macon Peserve" on the 
river ; the lands known as the " Mcintosh Peserve," on which is 
situated the Indian Spring ; the lands known as the " Old 
Agency Peserve" on the Flint river ; a quantity of land on Flinl 
river, opposite the Old Agency ; one mile square on the Chatta- 
hoochee river at Mcintosh Ferry ; one mile square at Marshall's 
Ferry on Flint river, including the ferry ; five miles square on 
Chattahoochee river at Cusseta Falls, including the falls ; all 
islands contained in any of the navigable waters not disposed of 
and the Western bank of the Chattahoochee river to high-watei 

* A considerable portion of the above mentioned reservations have been conveyed 
by the State to private companies or individuals, which will appear by reference tc 
the proper records. 






PT. 1.— TIT. 9.— Public Property. 



Chapter 2.— The Lands of the State. 



mark, where it forms the boundary between Georgia and Ala- 
bama ; so much of the Okefenokee Swamp as is in this State 
ind ungranted; the lots whereon all the public buildings of 
the State are erected ; the fractional parts of surveys created by 
the different land divisions which are not granted or otherwise 
lisposed of; all lands omitted to be surveyed, granted or sold ; 
parcels of land in certain cities, to-wit : 

In the city of Atlanta ; 

In the city of Columbus ; 

In the city of Chattanooga. 



173 



CHAPTER III. 

THE WESTERN & ATLANTIC RAILROAD AND ITS GOVERNMENT. 



Section. 

888. W. & A. R. R. belongs to State, &c. 

889. Obligations relative to W. & A. R. R. 

890. What laws apply to W. & A. R. R. 

891. Former laws still of force. 

892. Appointment of Superintendent. 

893. Superintendent's bond. 

894. His oath and commission. 

895. Superintendent's authority. 

866. Rules of road to be recorded, &c. 
891. Such rules are law. 

898. Where the road may be sued. 

899. Demand must be made before suit. 

900. Books of road prima facie evidence. 

901. Debtors to road — public debtors. 

902. Appointment, &c, of Treasurer. 

903. Treasurer's oath. 

904. His bond ; oath & bond — where filed. 

905. Treasurer's duties specified. 

906. Auditor's appointment, &c. 
901. Auditor's oath. 

908. His bond. 

909. His bond and oath — where filed. 

910. Auditor's duties specified. 

911. Remedy against officers W.&A.R.R. 



Section. 

912. Compellable to give other security. 

913. Agents must report monthly. 

914. Officer failing to pay, &c, dismissed. 

915. Accounts of dismissed officers. 

916. Indebtedness of defaulters, &c. 

917. Oath of all agents of the road. 

918. Their bonds. 

919. Bonds renewed annually. 

920. Settlements with agents. 

921. Governor to examine bonds, &c. 

922. Conductor's oath. 

923. No credit to be given for freights. 

924. Conductor's settlements. 

925. Disbursements — how made. 

926. How Auditor's decisions reviewed. 
921. Proceeds of road — how disposed of. 

928. Useless iron & tackle may be sold. 

929. Sale may be for cash or on credit. 

930. No officer of road can buy at sale. 

931. Sale bill to be kept and reported. 

932. Useless land of road may be sold. 

933. Who may go over road free of charge. 

934. Laws of road enforced by Sup't. 

935. Transportation of lime. 



§888. The railroad communication from Atlanta, in Fulton w , A -p 

o " VV. & A. K. 

county, to Chattanooga, on the Tennessee river, is the property ?i^SSa 
of this State exclusively, and shall be known as the Western & state - 
Atlantic Railroad. Said road may he run by the town of Cass- May run by 
ville upon the conditions of an act approved January 12th, 1852, Cassvuie. 



174 PT. 1.— TIT. 9.— Public Property. 

Chapter 3. — The "Western & Atlantic Kailroad, and its Government. 

and which is hereby kept in force until the first day of January, 
1863. 
Eeiation of 8 889. The State occupies the same relation to said road as 

State to the , . . . 

w. & a. e. owner, that any company or incorporation does to its railroad, 

E.; recipro- ' J o i a i t • 

caiobiiga- an( J the obligations of the btate to the public concerning said 

tionsofthe b r to 

road and the r0 ad, and of the public to said road, are the same as govern the 
other railroads of this State, so far as is consistent with the sov- 
ereign attributes of this State, and the laws of force for its con- 
duct. 
Road laws §890. All the public road laws and penal laws touching the 
laws apply railroads of this State, whether to obligate or protect, apply to 
e. E.'pro- " the State Poad, unless specially excepted, or some other provi- 
sion is prescribed in lieu of some one or more thereof. 
Preceding 8 891. All laws heretofore enacted, having a special or local 

laws of force. ... . -, , -■ • ^ i ,7 o -i . 

application to said road, and in force at the time of the adoption 

of this Code, are kept in force, unless herein repealed expressly, 

or by implication, 
supermten- § 892. The principal officer of said road shall be styled the Su- 
a! d e.°e. a'p- perintendent, who is appointed by the Governor, and holds his 
Governor 7 office during his term, unless sooner removed at his pleasure. 
To give §893. Before entering on the duties of his office, he shall give 

curity. bond and security, to be approved by the Governor, in the sum 

of twenty thousand dollars, which shall be filed in the office of 

the Comptroller General and recorded therein. 

To-take § 894. He shall also, at the same time, besides the oath re- 

oath. 

quired of all civil officers, take and subscribe before the Gover- 
nor the following oath, which shall be filed in the Executive 
office : 

" I, , swear that I will faithfully and impartially per- 
form all the duties of my office ; that I will make no appoint- 
ment, nor do any act from fear, favor, reward or the hope there- 
of, but in all things I will be governed solely with regard to the 
interest of the State of Georgia, and in the discharge of my duties 
I will neither make, nor permit to be made any discrimination, 
unless so directed by legislative authority, in favor or against any 
Pailroad Company, or other persons or parties having business 
connections with, or relations to said road. So help me God.' 
Powers of §895. The Superintendent has authority — 

Superinten- ■■ -n • r»«T 

dentenume- 1. To conduct all the operations of said road connected with 

rated. ~ 

its repairs, equipment and management, including its financial 
affairs. 



PT. 1.— TIT. 9.— Public Property. 175 



Chapter 3. — The Western & Atlantic Railroad, und its Government 

2. To appoint or remove all the subordinate officers subject to 
the approval of the Governor, except the officers of Auditor and 
Treasurer. 

3. To fix the rate of passage and freight and to make all ne- 
cessary arrangements touching such rates and other business 
with other Railroads. 

4. To contract for and purchase machinery, cars, materials, 
workshops and all other contracts necessary for the general 
working and business of said road not exceeding three thousand 
dollars, and over that amount subject to the approval of the 
Governor in writing. 

5. To make contracts with the Government of the Confede- 
rate States, with the consent of the Governor, for the transpor- 
tation of the mails over said road. 

6. To arrange the schedules for running trains at such times, 
either by day or night, as he may deem expedient. 

7. To settle all claims against said road, with the approval of 
the Governor. 

8. To sue officially for any claim due the State on account of 
said road, and defend all brought against the road. 

9. To make all necessary rules for the proper conduct of the 
business of the road and the enforcement of discipline. 

10. To impose penalties for a violation of said rules and for 
breaches of duty by all persons in the employment of the road. 

11. To see that the books and accounts of the road are so 
kept as at all times to shew accurately its fiscal affairs. 

12. To have settlements weekly with all fiscal agents of said 
road for all money received by them, by himself or through 
some authorized person, and to discharge them for neglecting or 
refusing to do so. 

13. To fix the compensation of all employees of said road, 
with the approval of the Governor, whose compensation is not 
fixed by law. 

14. To draw his warrant on the Treasurer in favor of claim- 
ants according to the law. 

15. To sue and cause all moneys belonging to or collected on 
account of the road to be paid promptly to the Treasurer. 

16. To exercise a general supervision over all officers, agents 
and employees under his charge, and see that they strictly com- 
ply with all the requisitions of the law. 

17. To make out and transmit to the Governor a quarterly 



176 PT. 1.— TIT. 9.— Public Property. 

Chapter 3. — The Western & Atlantic Eailroad, and its Government. 

statement exhibiting the receipts and expenditures of the road, 
and once every year a full statement of all the transactions of 
the road in detail, which report shall be published in one or 
more of the public gazettes at the Seat of Government and at 
the City of Atlanta. 
Euiea to bo §896. The rules adopted by the Superintendent for the gov- 

recorded . 

printed and ernment of said road shall be recorded in a book kept for that 

furnished to . 1 . . , 

officers. purpose, shall be printed and posted in a conspicuous part ot his 
office and copies placed in the hands of each officer of the road, 
who shall also be promptly supplied with copies of any altera- 
tions thereof. 

Force of said § 897. Such rules shall have the force and effect of law when 
necessary to carry into full effect any law in regard to said road 
and to improve its organization when not inconsistent with the 
law. 

suits against §898. All suits against the road must be brought against the 

Atlantic an Superintendent in his official capacity in the County of Fulton, 
where the office of said road is located, except in those cases of 
claims where by the law other railroads are allowed to be sued 
elsewhere, but under no circumstances are suits against such 
road to be allowed against such road, its officers or agents in 
the State of Tennessee, beyond the right, if any, that may exist 
under the authority granted to this State to extend said road 
into Tennessee. 

Demand ne- §899. ISTo suits shall be brought against the Superintendent 

cessarybe- ° ° ° . x 

fore suit until a demand has been made upon him tor payment, accom- 

brought. , x . 

panied by a statement ot the nature of the claim, and ten days 
shall be allowed the Superintendent to pass upon such claim be- 
fore suit shall be brought. 
Books of R 900. In suits pending or to be brought by or against said 

road prima °' . . 

fade evi- road, the books of said road shall be prima facie evidence of 

dence. " , 

what they contain pertinent to the points in issue, 
its debtors §901. All debtors to said road are as debtors to the State or 
ors. ' public, and when any question arises warranting it, the right or 

obligations of both parties are to be determined upon by the laws 

governing such relation. 
Governor to §902. The Governor shall appoint an officer for said road, 
Treasurer, who shall be styled the Treasurer, who holds his office for the 

same time and term that the Superintendent does. 
ms oath. §903. Before entering on the duties of his office, besides the 



PT. 1.— TIT. 9.— Public Property'. 177 



Chapter 3. — The Western & Atlantic Railroad, and its Government. 



oaths required of all civil officers, he shall take and subscribe 
before the Governor the following oath : 

"I, , do swear that I will faithfully and diligently re- 
ceive, keep and disburse the funds of the State Itoad according 
to law, in my capacity as Treasurer, and do all other acts that 
are or may be required of me by law as Treasurer of said road, 
to the best of my skill and knowledge. So help me God." 

S904. He shall at the same time give bond and security to be Bond and 

c i security. 

approved by the Governor in the sum ot one hundred thousand 
dollars. Said bond and oath of office shall be filed and recorded JaXmed 
as the Superintendents. lordSL 

§905. It is the duty of the Treasurer — Duties of 

Treasurer 

1. To take custody of all funds appertaining to the road, to enumerated, 
receive all monies from officers or agents holding the same and 
receipt them. 

2. To receive all such sums as may be appropriated by law for 
the use of the road. 

3. To pay all warrants drawn by the Superintendent in the 
terms of the law. 

4. To pay the State Treasurer monthly all balance in his trea- 
sury after paying all the current expenses of the road and other 
lawful claims upon it, and to take his receipt for the same, re- 
taining such amount as the Superintendent may direct. 

5. To keep a book or books to enter all his receipts and pay- 
ments and other official transactions. 

6. To make a quarterly statement to the Superintendent of 
the receipts and disbursements of his office, which shall be pub- 
lished with the Superintendent's report to the Governor. 

7. To discharge such other duties as the laws do or may re- 
quire. 

§906. The Governor shall appoint an officer for said road who Auditor ap- 

at pointed by 

shall be styled the Auditor. Governor. 

§907. Before entering on the duties of his office, besides the m s oath, 
•oath required of all civil officers, he shall take and subscribe be- 
fore the Governor the following oath : 

"I, , swear that I will promptly, justly, fairly and im- 
partially approve or reject all claims against the State Poad pre- 
sented to me for such purpose, and that I will faithfully and 
diligently discharge all other duties that are or may be required 
of me by law as Auditor, to the best of my skill and knowledge. 
.So help me God." 
12 



* 



-7S 



FT. 1.— TIT. 9.— Public Property. 






Chapter 3. — The Western & Atlantic Railroad, and its Government. 



Give bond 
and surety. 



Bond and 
oath filed 
and record- 
ed. 

Auditor's 
duties enu- 
merated. 



Eemedy of 
the State 
against offi- 
cers of W. & 
A. Eailroad. 

Additional 
bond may be 
required. 



Monthly re- 
ports of 
agents. 



Defaulting 
ollicer or 
agent dis- 
missed. 



Proceedings 
on a dismiss- 
al. 



Amount due 
by defaulter 
treated as 
earnings of 

ihe road. 



§ 908. He shall, at the same time, give bond and surety, to be 
approved by the Governor, in the sum of twenty thousand dol- 
lars. 

§ 909. Such bond and oath of office shall be filed and recorded 
as the Superintendent's. 

§ 910. It is the duty of the Auditor— 

1. To examine and approve or reject, without unnecessary de- 
lay, all bills and accounts against said road before the Superin- 
tendent shall draw a warrant for the same on the Treasurer. 

2. To keep a book to enter all accounts passed, stating the per- 
son, amount, account and time. 

3. To examine, supervise and control, all books kept by the • 
subordinate accounting officers or Clerks of the road. 

4. To discharge such other duties as the laws do or may re- - 
quire. 

§ 911. The remedy of the State against the Superintendent, the * 
Treasurer, Auditor and other officers and agents, is the same as 
against Tax Collectors or Receivers. 

§ 912. The Governor may require each of such officers to give > 
additional bond and surety on the same terms and conditions 
that he may require it of the Comptroller General or the State i 
Treasurer. 

§ 913. Each agent of such road, having the funds thereof in 
his hands, shall make out monthly, and from month to month, 
on such day as the Superintendent may require, a full statement 
of his account, and particularly specify what amount of cash on . 
hand, what amount due from freight delivered or to be delivered, 
showing the full amount due from all sources whatever, and shall ! 
sign such account. 

§914. Any officer or agent failing to pay over the funds col- 
lected by him weekly, or failing to furnish the Superintendent 
with a monthly statement of the financial condition of his office, 
except for Providential cause, shall be immediately dismissed by 
the Superintendent. 

§915. When such dismissal shall take place, an account shall? 
at once be had of all the freight on hand, giving the person dis- 
missed a credit or receipt therefor, so as to show the amount of ." 
his indebtedness. 

§ 916. As soon as an agent, or any other person having funds 
of the road unaccounted for, is in default, and fails to pay over ■ 
said funds on demand made by the Superintendent, or by his aft- 



FT. 1.— TIT. 9.— Public Property. 179 



Chapter 3. — The Western & Atlantic Railroad, and its Government. 

thority, or shall abscond or conceal himself, or in any other way 
evade or prevent a settlement, said officer shall promptly cause 
the true amount due by such person to be ascertained, and trans- 
mit the same to the Comptroller General, as earnings of the road 
stating also the date of the default. 

§ 917. Every agent of said road, before entering on the dis- oaths of 
charge of his duties must, besides the oath required of all civil e 
officers, take and subscribe before the Superintendent, who is 
hereby made an officer for such purpose, the following oath: "I, 

-, swear that I will faithfully perform all the duties of my 

appointment that are or may be required of me by law, to the 
best of my skill and knowledge, and that I will render a true ac- 
count of my official conduct, and of all monies received by me as 
such, and pay the same over to the person authorized to receive 
them, as often as the law may require. So help me God." 

§ 918. They shall, at the same time, give bond and surety, pay- Bonds of 
able to the Governor and his successors in office, to be approved 
by the Superintendent, in such sum as he may require. 

§ 919. The oaths shall be filed in the office of the Superinten- Disposition 
tendent, the original bonds transmitted to the Comptroller Gen- and bond. 
eral, and copies retained by the Superintendent in a book kept 
for that purpose in his office. 

§920. Such bonds shall be renewed annually, by the tenth day Bonds m- 

n -r n . /. -, newedannu- 

oi J anuary, alter a lull and satisfactory settlement has been had any. 
with the agents, and not before. 

§921. Said settlement must be in writing, and signed by the settlements 
agent and Superintendent, and shall contain a full statement of 
the agent's account with the road, whether for cash received, 
freight on hand, or from any other source whatever. 

§ 922. The Governor shall examine every bond transmitted to Bond to bo 
the Comptroller General by the Superintendent, and in case ofGoVr. and 

-.p,. .. additional 

delect therein, as to matter or surety, may order another bona bond maybe 

required. 

given in lieu thereof to the Superintendent, and he or the Super- 
intendent may, at any time, when in the judgment of either the 
interest of the State requires it, require such officer to give addi- 
tional bond and sureties, as he requires of other officers. 

§923. Every conductor must, in the same manner, take and conductor's 

7 ... oath. 

subscribe this oath : " I, , swear that I will faithfully dis- 
charge the duties of my office to the best of my skill and knowl- 
edge, and that I will pay over all the money that may come to 



180 PT. 1.— TIT. 9.— Public Property. 



Chapter 3. — The Western & Atlantic Railroad, and its Government. 



my hands belonging to the State road, as required by law, or the 
order of the Superintendent. So help me God." 
no credit for § 924. ISTo agent at any station of said road is permitted to give 
lre]ght " credit for any freight or any produce, goods, or other commodity 
conveyed, but shall collect the freights before the articles are ta- 
ken away, except in cases when the freights, by arrangement, is 
chargable to some other railroad company, 
conductor's & 925. Every conductor of passenger or freight trains shall 

settlements. > ■. " 

make a settlement of the tickets and money received by them 

Disburse- with the Treasurer at the end of each trip. All disbursements 

made? - ^ made on account of said road shall be by warrant of the Super- 

. intendent, drawn upon the Treasurer, and be first passed by the 

Auditor. 

Cases where § 926. The Superintendent may refuse to ratify the approval of 

dentaMAu- the Auditor, and when so refusing the claim shall be presented 

ditor Mtfer. ^ ^ Governor to decide ; if he allows the claim, or any part 

thereof, the Superintendent shall draw his warrant and express 

therein "by approval of the Governor." If he concurs with the 

Superintendent the party may accept the decision or bring suit. 

Proceeds to §927. The proceeds of said road, after deducting expenses and 

monthly in- a il debts, which are liens upon its income, shall be paid into the 

to Treasury. ^ -i-inn i -i • i i 

treasury ot the State monthly, and shall first be applied to the 
' payment of the principal and interest of the bonds of the State 
issued on account of said road. 
useless iron, & 928. Whenever any iron, or any tackle or apparel may be- 

&c, shall be » • -i - '■ -i i n • i i 

sold on so C ome useless to said road, and the bupermtendent cannot have 

days notice. : ' m x 

the same converted into new iron, on reasonable terms, or for any 
other good reason, he shall sell the same at public outcry, at 
whatever point it may be most to the interest and convenience of 
the road, to the highest bidder, after giving at least thirty day's 
notice of the time and place of said sale, with a description of 
the property in a public gazette at Atlanta. 
sale may be § 929. He may sell said property for cash or credit, as in his 
on credit, discretion it may be best for the State ; Provided, That, if on 

Proviso. 

credit, it shall not be longer than twelve months, with note or 
bond and personal security thereto, payable to the Governor and 
proceeds of his successor in office, or bearer, which shall be deposited in the 
State Treasury, and when collected, be as part of the net earn- 
ings of the road. 
officer not to §930. Neither the Superintendent, or any officer of the State 
ctajeL " Road, shall be a purchaser, directly or indirectly, at said sales, 



PT. 1.— TIT. 9.-^-Public Property. 181 

Chapter 3. — The Western & Atlantic Railroad, and its Government. 

on pain of forfeiting to the State the property purchased and 
price paid, and of being removed by the Governor. 

§931. The Superintendent shall keep a record of all such pifo- Record of 

° x x ■*• sales to be 

perty sold, to whom sold, and what price, and on what terms, ke pt. 
and shall embrace the same in his report to the Governor. 

§ 932. The Governor or Superintendent shall not sell any part of Restriction 
the right of way, nor any property or land of the road, that may road pro- 
be necessary for the erection of depots, wood yards, water sta- 
tions, or for any other improvement to the convenience or interest 
of said road ; but they may sell any land of the road if of no use 
to it, in the manner iron is sold — advertisino- it in a public ffa- Land may 

■ ' ' . . t. be sold. 

zette at Atlanta, and in the county where it lies, and in a public 
gazette thereof, if one, and the Superintendent shall execute 
deeds thereto in his official capacity. 

§933. All lunatics and idiots, and the persons having them in Persons tra- 
charge, not more than one to each of such, when sent from any charge on 
county to the Lunatic Asylum, and the latter returning, and all 
deaf and dumb and blind pupils partaking of the State's bounty, 
with their necessary attendants, when going and returning from 
their schools, shall go from and return to their homes, free of 
charge on said road. 

§93ti. The Superintendent of said road is specially charged ^iTtoen 11 -" 
with the due execution and faithful fulfilment of all the laws for [°™ e J c e 
the government and regulation of the same. 

§935. Said road shall transport lime for agricultural purposes, L ^ t ~^ a ° s f ; 
by the car load, from any depot thereof to Atlanta, from the first 
day of May to the first day of August of each year, or at any 
other time not conflicting with the interest of said road, at a rate 
not exceeding three cents per bushel ; provided, connecting roads 
at Atlanta will transport lime for agricultural purposes at corres- 
ponding low rates, and give the Superintendent of the road no- 
tice thereof, with consent to be bound permanently by such rate. 
Any connecting road at Atlanta failing to give such notice and 
consent shall not be entitled to the benefits intended to be secured 
to the agricultural interest contiguous to such road. Before any 
person shall transport lime on said road, or any road in connec- 
tion therewith, at said rate, he shall make oath in writing before 
receiving said lime and paying said freight, that it has been or is 
to be transported for and will be used in good faith in improve- 
ment of the soil in the State ; which affidavit shall be filed in the 
office of the company to whom the freight is paid. 



182 PT. 1.— TIT. 9.— Public Pboperty. 

Chapter 4. — Stocks. 

CHAPTER IT. 

STOCKS. 

Section. ! Section. 

936. Bank stock owned by State. j 933. Stock in Main Tnmk Railroad. 

937. Railroad stock owned by State. 

Bank stock §936. The State owns the following Bank Stock — 

state. In the Bank of the State of Georgia, 1833 shares. 

In the Bank of Augusta, 890 " 

In the Bank of Georgia P. P. & Bank'g Co. . . 186 " 
Eaiiroad § 937. The State owns the following Railroad stock — 

In the Main Trunk Road, 5000 shares. 

Extension of § 938. The stock in the Main Trunk may be extended to ten 

Main Trunk thousand shares, on the condition that the State shall own as she 

does now, five-elevenths to be taken when individuals take and 

pay for the balance according to the act of incorporation and acts 

amendatory thereof. 






CHAPTER Y. 

OTHER PUBLIC PROPERTY. 
Section 939. Library, furniture, arms, &c. 

Library, ar- § 939. The State owns the library at the Capitol, the furniture 
tents &£," and contents of her various public buildings, and the public arms, 
State! 1 * 7 ° f munitions and accoutrements of war in her arsenals and in the 
charge of her several volunteer companies, and of the Superinten- 
dent of the Military Institute. 



PT. 1.— TIT. 10.— Public Printing. 



183 



Chapter 1. — Public Printer — his Duty and Compensation. 






TITLE X. 

PUBLIC PRINTING. 



CHAPTEE I. 



PUBLIC PRINTER— HIS DUTY AND COMPENSATION. 



Section*. 

940. Election of Public Printer. 

941. He must give bond. 

942. On failure to give other bond. &e. 

943. Yacanc} T — how supplied. 

944. Damages for breach of bond. 

945. Place of printing, &c. 

946. Printing during Legislature. 
. 947. Failure vacates office. 

948. "When Printer's duties begin. 

949. What he must print. 

950. Ordered matter — how printed. 



Section. 

951. Laws and Journals — how printed. 

952. Style of the printing. 

953. Manuscripts to be furnished. ' 

954. No. of copies Laws and Journals. 

955. If insufficient others may be printed. 

956. Printed matter — delivered to whom. 

957. Compensation of Printer. 

958. Penalty for delay. 

959. Contract and bond of new Printer. 

960. Pay of removed Printer. 

961. "Work of deceased Printer. 



§910. At every annual session of the General Assembly, a r-ubiic Prin- 

.. w a / f ter annually 

.Public State Printer shall be elected. elected. 

§ 941. Within ten clays from the day of his election he shall his bond, 
give a bond, with good surety, in the sum of ten thousand dol- 
lars, to be approved by the Governor, filed in the Executive office, 
. and recorded in the office of the Secretary of State. 

§ 942. The Governor is authorized to require from the Public Legislature 
.Printer additional bond and surety, as he may from a State House cancy, 
officer, and on his failure to comply, declare a vacancy. 

§ 943. If the General Assembly is in session when such failure Additional 

-i/n ill • i» i i bond may be 

occurs, the Governor shall communicate the fact to them, when required, &e. 
they shall supply the vacancy by election. 

§ 944. If a Public Printer, after having been elected and given p amag e 3 on 
bond, commits a breach of it, on the trial the jury shall assess bJJJJ; 
not less than one thousand nor more than three thousand dollars 
as liquidated damages, besides the actual damages sustained. 

§945. Such Printer and his sureties must be citizens of this printer and 
State, and the public printing must be bona fide performed with- be citizens. 
in her limits, unless special permission otherwise is obtained from 
the General Assembly. 

§ 946. All printing specially ordered by the proper authority Printing 
during a session of the General Assembly, shall be executed witii sion." * 
.all possible dispatch and correctness, at the seat of Government. 



7 



184 PT. 1.— TIT. 10.— Public Printing. 

Chapter 1. — Public Printer — his Duty and Compensation. 

violation of §947. If the provisions of the two preceding sections are vio-- 

last two sec- . v ^ x .-,.-,. . ° 

tions. lated, the Governor may, m his discretion, declare a vacancy, and ; 

the compensatian forfeited. 
Beginning of § 948. The duties of the Public Printer do not begin until the 
Sut/ first day of the next session of the General Assembly after his 

election, 
what he § 949. He shall print the Laws and Journals, and such bills, re- 

nmst print. i-i-i -i-i-i-i.-it 

ports, and other documents, as may be ordered to be printed dur- 
ing his term of office, which includes the printing of all extra 
sessions held during that time. 
How print- §950. All papers ordered to be printed by either House shall,. 

ingmustbe Z • T t i i t -. . 

done. unless otherwise directed, be printed upon paper that can be easi- 

ly written upon; the sections and lines must be numbered, hav- 
ing sufficient margin and intervening space to admit of interlinea- 
tions, for which service the Governor shall allow extra compensa- 
tion, not exceeding twenty per cent, on the established rates. 

Laws and § 951. The Laws and Journals must be printed upon small pica: 

journals c > x x t \ 

how printed type, on ^ood paper, and delivered to the Executive within nine- 

and deliver- «•' x ' ~ ■*- x 7 

ed - ty days after the manuscripts are received from the compiler. 

Direction as § 952. The former must be printed of a uniform size, and of a 
journals! style equal in mechanical execution to the Laws of 1853-4, and 
the latter must be on pages the size of the Laws of the United 
States, and have like intervals between the paragraphs. 
sec', of sen- §953. The Secretary of the Senate and Clerk of the House 
House to ' shall furnish the manuscripts of their journals, and indexes tliere- 

furnishMSS. ... '/ . , . ' , „ , 

to, properly prepared lor the press within twenty days from tne ad- 
journment of each session of the General Assembly, under a pen- 
alty of five hundred dollars each, to be retained out of their pay. 
Number of §954. There shall be printed one thousand copies each of the 
laws. k Journal of each branch of the General Assembly, and five thou- 
sand copies of the Laws, to be bound by said Printer in durable 
style and equally as well as the laws of 1853-4. 
Additional §955. If such number should prove to be insufficient for the use 

copies may -i /->» i itt«t 

be ordered, of the State, the Governor may order such additional copies as m 
his opinion the public interest may require, and allow therefor 
reasonable compensation. 

Printed mat- § 956. As the public printing progresses the Printer must, from 

ter to be de- ° l i o i o ^ ■> 

Librarian f mie t° time, with all possible dispatch, deliver the printed mat- 
ter to the State Librarian, at his office, free from any expense to 
the State for transportation. 



PT. 1.— TIT. 10.— Public Printing. 185 

Chapter 1. — Public Printer — his Duty and Compensation. 

§ 957. If said Printer shall legally and faithfully perform his Compensa- 
° » , tion °f rub- 

duties, he shall be compensated as follows: hcmm*. 

For Laws and Journals — 

1. For composition 60 cents per 1000 ems. 

2. For press work, 50 cents per clean token. 
For Job work — 

1. For composition, 75 cents per 1000 ems. 

2. For press work, 50 cents per clean token. 
For paper, 20 per cent in addition to actual cost. 
For rule and figure work, double price. 

In job work any thing less than a page shall be counted' as a 



For binding laws, 30 cents per copy. 

For cutting, folding, stitching,* covering, title page, and trim- 
ming the journals, twenty per cent, in addition to actual cost. 

For any additional compensation, at the same rate. Any 
charges above those enumerated must be submitted to the Gen- 
eral Assembly. 

§958. Should any delay occur in the prompt delivery of the Forfeiture 
Laws and Journals, as required, the Governor shall deduct, at the delivery of 
rate of ten per cent, per month, for the particular work delayed, journals, 
until the date of delivery. If the delay shall be protracted more 
than six months the Governor may remove the Printer from 
office. If any portion of the work is not executed so as to be a 
substantial compliance with the requisitions of the law, the Gov- 
ernor shall reject it, and order it executed over, or appoint a new 
Printer, as his judgment shall dictate or the emergency may re- 
quire. 

§ 959. When a new Printer is appointed under the two prece- NeA Y p^/ 

° rjr - 1 - to give bond. 

ding sections, he shall give such bond and surety, and on such 
conditions, as the Governor may require, who is also authorized 
to make a special contract for the public printing in such an 
event. 

§ 960. When the Printer is removed the Governor is authorized a quantum 

° memit may 

to take such portion of his work as he has executed according to be P ai(1 to a 

1 ° removed 

law, and allow him lawful compensation therefor, but he must Printer - 
deduct therefrom the least penalty, and the damages sustained by 
his failure. 

§ 961. When the Printer dies before completing his work, his a^d?" 
legal representatives are allowed to do so, it being understood ZTtLy nn ' 
that all bonds of Public Printers cover such contingency, and the woTk. lete 



186 PT. 1.— TIT. 10.— Public Printing. 



Chapter 1. — Public Printer — his Duties and Compensation. 



Governor is authorized in such an event to wait thirty days for 
an assurance of such performance. 



CHAPTER II. 

OTHER PRINTING-. 

Section. I Section. 

962. How other printing is done. j 963. Public Printer entitled thereto. 

Directions § 962. All printing; other than that performed by the Public 

as to print- 

ing other Printer, which necessity may demand, shall be printed at the 

than public ' -i -i -i i 

printing, beat oi Government, or such other place as may be necessary, in 
the discretion of the Governor, under his direction and supervi- 
sion, upon reasonable rates, to be paid for out of the contingent 
fund. 

Public Prin- §963. If the Public Printer executes his work at the Seat of 

terpre- 

fen-ed. Government, or at the place where the printing referred to in 
the preceding section is required to be done, he is entitled to per- 
form such printing, if he will do so at reasonable rates. 



CHAPTEK III. 

THE COMPILER. 



Section. 

964. Compiler — how appointed, &c. 

965. His duties specified. 

966. Penalty for failure. 



Section. 

967. Another appointed — when. 

968. Compiler's compensation. 



Compiler of 8 964. The Governor shall appoint some competent person to 

laws to be u m x x x x 

appointed, prepare and compile the several acts of each session of the Gen- 
eral Assembly, which appointment must be made at any time in 
his discretion, provided it is done before such session adjourns. 

Duty of § 965, it i s the duty of the Compiler — 

■Compiler. ° J x 

1. To distinguish, in his classification, the public laws from 
those that are local or private, and to arrange the former under 
appropriate heads. 

2. To prepare for publication side and head notes for refer- 
ence. 

3. To add notes referring back to such previous legislation as 
may be modified or repealed, and notes giving the decisions of 
the Supreme Court since the last publication of the acts upon the 
subject matter of each act of a public nature. 



PT. 1.— TIT. 10.— Public Printing. 187 



Chapter 3. — The Compiler. 



4. To prepare and append a copious index. 

5. To furnish the Public Printer with a fair copy of all work 
required of him in the preceding portion of this section within 
ibrty days from the adjournment of the session. 

6. To read the proof of the same, and carefully compare them 
with the certified copies. 

§ 966. If a Compiler fails to perform his work in the time al- Failing to 

, a n . . t .i .. P-, perform his 

lowed, he forfeits his compensation, unless m the opinion of the work. 
-Governor he has a satisfactory excuse. 

§967. If he dies or becomes disabled before completing his k he dies or 
work, and so as he cannot finish it within the time prescribed, abied. 
"the Governor shall appoint another Compiler to finish it, and ap- 
portion the compensation rateably between them. 

§968. He is under the supervision of the Governor, and must His corn- 
center upon, and continue upon the discharge of his duties as the 
Governor may order, and shall receive for his services compensa- 
tion to be fixed by the Governor, not exceeding five hundred 
dollars. 



CHAPTEP IV. 

DISTRIBUTION OF THE LAWS AND JOURNALS, AND OTHER DOCUMENTS. 



Section. 
975. Distribution — how let out. 



.Section. 

969. Laws and Journals to be distributed. 

970. No. copies for each county. ! 976. Distributors must give bond. 
'971. Five copies Journals for each co. j 977. Damages for breach of bond. 
972. Clerk shall keep 2 bound Journals, j 978. Bonds — where filed. 

.973. Reserved copies of laws. I 979. When G-ov. may appoint distributors. 

-974. Acts of Congress for each count}'. | 980. Residence of distributors. 

§ 969. After the Laws aiid Journals are compiled, printed, bound p» vs »*<J 

v * ' L ' journals to 

-and delivered to the State Librarian, he shall, under the supervi- be distribu- 
tion of the Governor, cause them to be distributed to the several 
counties of this State. 

§ 970. Each county is entitled to one copy of the Acts of the J;^^ ^ 
General Assembly for each civil officer, both judicial and minis- count r- 
terial, to be distributed by the Clerks of the Inferior Courts under 
the order of the Justices. 

§ 971. Each county is entitled to five copies of the Journals of copies of 

• y , . journals for 

each branch of the General Assembly, which are to remain on each county 
^deposit in the office of the Clerk of the Inferior Court, and to 
which the voters of the county shall have free access ; also a copy 






f 



188 PT. 1.— TIT. 10.— Public Printing. 

Chapter 4. — Distribution of the Laws and Journals and other Public Documents. 

of the Laws and Journals for each member of the General Assem- 
bly. 

journals to §972. Two of the copies of the Journals of each branch of the 
General Assembly shall be as well bound as the " Acts" — one by 
such Clerk at the expense of the county, securely kept, and not 
permitted to go out of his office. 

Eeserved § 973. The Librarian shall reserve five hundred copies of the 
acts for such further distribution as the General Assembly may 
order. 

Acts of con- §974. Each county is entitled to two copies of the Acts of 
Congress, to be kept in the office as the journals are. 

Advertise- § 975. Immediately upon the adjournment of each session, he 

Site laws "shall advertise in one paper in the cities of Augusta, Atlanta, 
s ' Athens, Columbus, Macon, Milledgeville, Rome and Savannah, 
for proposals to distribute the laws and journals, and other books 
and documents required by law to be distributed, for one distrib- 
utor of such for each Congressional District within sixty days 
from the time received. 

Distributor § 976. Before beginning the work, each distributor shall give 
' a bond, with good security, in the sum of five hundred dollars, to 
be approved by the Governor, conditioned for the prompt and 
faithful delivery of the books (specifying them) to the Clerks of 
the Inferior Courts of the several counties therein named within 
thirty days from their receipt. 

Damages for § 977. If not done within the time and in the manner, the 

bond. ( whole bond is recoverable as liquidated damages, Providential 
causes only excepted. 

Bond med §978. Such bonds must be filed and recorded in the Executive 

& recorded. ^^ 

§979. If no person applies for the distribution of any district, 
—when ap- -Qie Governor is authorized to appoint such distributor. 

pointed. x *- 

Preferred § ®^®' ^ ne ^ Drai 'i an * s required to select an applicant for a 
distributors. Congressional Districts of which he is a resident, yf physically and 

mentally capable of the service, and gives the requisite bond and 

security. 

- ■■ 




ft 






PT. 1.— TIT. 11.— Public Defence. 189 

Chapter 1. — Persons subject to Military Duty, Exemptions, &c. 

TITLE XL 

PUBLIC DEFENCE. 



CHAPTER I. 

PERSONS SUBJECT TO MILITARY DUTY, EXEMPTIONS, k: 
Section. ! Section. 



981. Persons subject to military duty. 

982. Persons exempt. 

983. Officers of militia — when exempt. 

984. Non-commissioned officers, &c. 

985. Persons employed on vessels, &c. 

986. Persons subject must be registered. 
981. Oath of persons, &c. 

988. May perform service or pay tax. 



989. Commutation tax — how avoided. 

990. Company drills — four in each year. 

991. Volunteers exempt from road duty. 

992. Amount of commutation tax. 

993. Receipt therefor. 

994. Transient persons — when subject. 

995. Free men of color — how subject. 



§981. All able bodied free white male citizens between the who arc 
ages of twenty-one and forty-five years, residents in this State, military 
and not exempted by this Code, are subjeet to military duty. 

§982. The following exemptions shall be recognized, viz: who arc cx- 

1. The chief officers of the several Executive Departments of 
State. 

2. Judges of the Supreme, Superior and City Courts, Justices 
of the Inferior Courts and of the Peace, Sheriffs and Deputies, 
Clerks of Courts and Ordinaries. 

3. Members of the Legislature during the term for which they 
shall be elected, officers of the Legislature during its session and 
for seven days before and after the same. 

4. Persons employed on Railroad Trains, and repairers of Pail- 
roads, Operators and Messengers of Telegraph Companies, Post- 
Masters and persons employed in Post-Offices and the transpor- 
tation of the Mails. 

5. Ferrymen, Bridge and Toll-Grate Keepers and Public Mil- 
lers. 

6. Ministers and Preachers of the Gospel, Professors and 
Students, and Tutors in all Colleges. 

7. Aliens and persons not qualified to vote for members of the 
Legislature. 

8. All persons exempted by the Acts of Congress. 

9. All persons on the payment of the Commutation Tax pre- 
scribed by this Code. 

10. All officers and non-commissioned officers of the militia 



190 PT. 1.— TIT. 11.— Public Defence. 

Chapter 1. — Persons subject to Military Duty, Exemptions, &c. 

who may entitle themselves to the privileges as hereinafter pre-. 
scribed. 

11. Active members of Volunteer Corps after a prescribed 
term of service. 

12. Regular members of any Fire Department or organization 
connected therewith. 

Militia offi- § 983. Company officers of the militia who shall uniform and 

cers — when . . 

exempt. equip themselves according to the regulations prescribed for the 
dress and uniform of the army of the Confederate States, and 
shall serve in their respective stations continuously for the term 
of eight years, shall not be liable to be called on for military 

Exception, duty thereafter, except in case of war, insurrection, rebellion or 
invasion. 

^ T on-com- § 984. Every non-commissioned officer, musician or private of 

missioned J- 

officers, mu- every uniformed volunteer corps who shall uniform and en urn 

siciansand -,.-,,,■,, , . , 11 

privates, himself and whose term oi service shall amount to seven years, 
Exception, shall also be exempt from military duty, except in case of war 

rebellion, insurrection or invasion. 
P io rS edon m " § 985 - Every person employed by the year or season on board 
vessels, pi- any vessel, or in the merchant service, or coasting trade all 

lots, steve- J ' ' o "^v^ 

faS an il P nots an d stevedores, persons employed in any blooming furnace,, 
cmpt 8 ex ~ or gl ass or P orce ^ am factory, cotton or wool mill shall be exempt 
Exception, from militia duty, except in cases above enumerated. 

§ 986. Receivers of Tax Returns shall at the time of receiving 
returns of taxable property from the citizens of this State insert 
in appropriate columns in their digest the following particulars,, 
viz: 
Liability of 1. Whether the tax payer is himself subject to militia dutv 

tax payer. . «j 

His family & 2. How many in his employ or members of his family are; 

employees. , . " 

subject, 
cause of any 3. The cause of exemption, if any exists. 

exemption. J 

His district. 4. The company district or beat to which the tax payer be- 
longs. 
Also amount 5. The amount of commutation tax chargeable to him instead 

of his com- s ° 

mutation tax of personal service, and the amount so charged shall be collected 
tion tax coi- by the Tax Collector and paid over to the Treasurer of the State 
Tax coiiec- with, the general tax, and shall constitute the military fund of 

tor. - . a 

the btate. 
cause of ex- §987. No Receiver of Tax Returns shall enter an exemption 
^verified from military duty against the name of any person without due 
ty oath. p r00 f f the existence of the cause on which the exemption is 



# PT. 1.— TIT. 11.— Public Defence. 191 

Chapter 1. — Persons subject to Military Duty, Exemptions, &c. 

claimed, and to that end the following clause shall be added to 
the oath, administered by the Receiver of Tax Returns: " And 
that I believe myself exempted from militia duty in this State 
for and on account of the cause set forth in this return." 

§988. Every citizen subject to military duty may perform the personal 
same in lieu of paying the taxes herein prescribed, but the eerii- 5£a aftax. 
ficate of the captain or commanding officer of the company to 
which he belongs and in which he is actually enrolled, shall be 
the only evidence which the Tax Collector is authorized to re- 
ceive in place of the amount charged on the Receiver's digest, 
and the production of which shall be noted by the Tax Collector certificate 
on his return, and he shall be allowed the same in settlement. effector. 
# § 989. The captain or commanding officer in each company command- 
district shall enroll from time to time all persons in the limits of !S%nroif rs 
the district subject to military duty, and shall without delay no- Srict. n hlE 
tify such persons of their enrollment, and shall give a certificate Notice to be- 
to each person performing military duty that he has faithfully guen " 
performed the same, according to the requirements of the Code, 
for twelve months preceding the 31st day of December in each 
and every year, and such certificate shall be produced at the 
time of returning his taxable property, and on failure so to do Failure to 
the commutation tax for militia duty shall be charged against tmcate? c 
him on the book of the Receiver of Tax Returns. 

§990. Captains of companies shall cause to be mustered for captains to 
i 3 i mi 11 •-!•-!• -!•• i muster com- 

parade and - drill all persons within their company districts who panies four 

do not pay the commutation tax, the only proof of which pay- year. 

ment shall be the receipt of the officer authorized to collect the payment* or 

same, and who are not otherwise exempt, at least four times in tion tax.' 

each year, at such times as they may direct, but there shall be 

an interval of at least one month between each muster, and they 

shall file a copy of their company roll with the Clerk of the In- company 

ferior Court immediately after the muster which succeeds the 

closing of the books of the Receiver of Tax Returns, for which n 

. . -. Compenea- 

service they shall respectively receive the sum ot one dollar. tion therefor 

§991. Members of volunteer corps actually in uniform and 
doing duty, and the field and staff officers of volunteer regiments Those wh » 

o «/ " <-> are exempt 

and battalions, so long as they remain such, shall be exempted tr ^ {^ & 
from road and patrol duty, and taxation upon property by any 
municipal corporation, except such as shall be liable to taxation 
by law to raise a revenue for the State. 

§992. The commutation tax for non-performance of militia 






192 



PT. 1.— TIT. 11.— Public Defence. 



Chapter 1. — Persons subject to Military Duty, Exemptions, &c. 

duty shall be ten per cent, upon the State tax, provided, it shall 
always amount to twenty-five cents, and shall be collected and 
paid as other taxes are collected and paid into the Treasury ; 
the amount thus raised shall be set apart as a separate fund 
chargeable with the entire military expenses of the State. 

§ 993. The Tax Collector's receipt to the tax payer shall dis- 
tinctly specify the payment of the commutation tax for militia 
duty, whenever paid, in order that the same be made available 
in case of enrollment by the captains of Militia Districts or beat 
companies. 

§ 991. Transient persons having a place of business, and doing 
business in the State, but having no residence or home therein, 
are liable to militia duty, and on failure to pay the commutation 
tax, or perform military service, shall be liable to an additional pen- 
alty not exceeding twenty dollars, to be adjudged by any court 
martial, within whose jurisdiction they may happen to be for a 
period of ten days. 

§ 995. Free men of color above the age of sixteen years, unless 
belonging to the fire department, shall be subject to the call of 
any volunteer military organization, if there be one in the town 
or city of their residence, in the capacity of musician, pioneer, 
mechanic or servant, and if there be no such volunteer organiza- 
tion, then to the militia in one of the aforesaid capacities, and 
they shall be entitled to the usual wages for the practice of such 
occupations ; but on failure so to attach themselves, when re- 
quired so to do, they shall pay to the Clerk of the Inferior Court, 
for the use of the county in which they reside, the sum of iivo 
dollars. 



Commuta- 
tion tax ten 
per cent, on 
State tax. 



Payment to 
be specified, 
in Collec- 
tor's receipt. 



Non-resi- 
dents doing 
business in 
the State li- 
able to mili- 
tary duty. 



Free men of 
color subject 
as musi- 
cians. 



Entitled to 

wages. 

Failing to 
serve. 



CHAPTER II. 

MILITARY ORGANIZATION. 

Article 1. Military force — how composed. 

Article 2. The Volunteers. 

Article 3. Cavalry Corps. 

Article 4. The Militia. 

Article 5. Elections. 




,. 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 



193 



Article 1. — Military Force — How Composed. 



ARTICLE I. 

MILITARY FORCE— HOW COMPOSED. 



Section. 
996. The Military force of the State. 



Section. 
997. The Engineer Corps of the State. 



§ 996. The military force of the State embraces the Georgia Military 
Military Institute, the volunteers and the militia, to which may ° 
be added such military schools, when the institution is of a mili- 
tary character, as may avail themselves of the provisions herein 
embraced. 

§997. The Georgia Military Institute constitutes the engineer The engi- 
corps of the State, and the officers in the Institute having mili- n( 
tary rank in the Academic staff, (Cadet officers excepted,) shall 
be commissioned as such according to their respective grades. 
(See Military Institute.) 



ARTICLE II. 



THE VOLUNTEERS. 



Section. 

998. Volunteer forces of the State. 

999. Battalions in their respective co's. 

1000. Their rights, privileges and duties. 

1001. Number of officers, &c, necessary. 

1002. Companies — how organized. 

1003. Arms, &c, supplied — when. 

1004. Discipline and exercise prescribed. 

1005. Must make annual returns. 

1006. Independent companies disbanded. 

1007. Resignation of Captain. 

1008. Regiments and Battalions, &c. 

1009. May adopt By-Laws. 



Section. 

1010. Fines — how imposed and collected. 

1011. Elections — by whom ordered. 

1012. When by Commander-in-Chief. 

1013. Commissions vacated — when. 

1014. Suits on bonds of officers. 

1015. Disbanded companies, &c. 

1016. Artillery Companies received, &c. 

1017. Volunteer Companies corporate. 

1018. Courts of Inquiry & Courts Martial. 

1019. Volunteers exempt, &c. 

1020. Cumulative provisions. 



i 



§ 998. The volunteers consist of such corps, uniformed and The voiun- 

tc6r force 

equiped, as now exist, or may hereafter be formed in this State. 
They may organize themselves into companies, battalions, regi- 
ments and brigades at their option. But the whole volunteer 
force shall constitute one or more divisions conforming to the or- 
ganization of the Confederate States Army, except when other- 
wise prescribed in this Code. As soon as such shall be organized, 
they shall be reported to the commander-in-chief, and shall re- 
main permanent until changed by his approval or by special 
enactment. 



194 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 



Article 2. — The Volunteers. 



Battalions, 
regiments, 
&c. 



Bights and 
duties. 



§999. Battalions and regiments shall be organized always 
within the limits of their respective counties, if there are compa- 
nies enough in a county ; if not, then to be added to from ad- 
joining counties, unless companies in other counties are more ac- 
cessible, to be judged of by the commander-in-chief. 

§ 1000. When thus organized, they have the same rights, priv- 
ileges, and are subject to the same duties as such organizations in 
cities. If there are not companies enough in a city to form a 
battalion or regiment, it may be formed by the addition of other 
companies in the same county, if such exist, and if not, then from 
adjoining counties, 
volunteer §1001. Volunteer corps may be formed anywhere within the 

corps formed . . -.... 

in any part State, and may consist ot citizens oi the same or adioinino; coun- 

of the State. 

ties. Such as may hereafter be formed shall number at least 
forty privates, nine non-commissioned officers, four commissioned 
officers, with such musicians as they may deem sufficient, 
when en- § 1002. When the requisite number of members are enrolled, 
port, to com- their first duty shall be to uniform themselves according to the 
chief. provisions of this Code ; they shall then notify the commander- 

in-chief of the number enrolled and uniformed, who shall order 
an election for captain and subaltern officers under such super- 
intendence as he may prescribe, and the superintendents shall 
transmit the return of the same to the Executive Department, 
and the Governor shall commission the officers elected, unless the 
election is contested, in which case, if in the opinion of the Gov- 
ernor there be sufficient grounds to set the same aside, he shall 
order a new election. i 

£ 1003. Arms and accoutrements shall be supplied to the vol- 
unteer' corps, whether uniformed or not, by requisition on the 
Governor in such manner and upon such terms as he may direct, 
from the quota of arms distributed to the several States under the 
laws of Congress, or from other arms belonging to this State. 

$ 1001. The system of discipline and exercise shall, as near as 
may be, conform to that prescribed for the army of the Confed- 
erate States, from time to time, by Congress, but the commander- 
in-chief may direct such text books for use as a guide in such 
arms as he may think proper, and no other weapons of war than 
such as are used by the soldiers of the army of the Confederate 
States, except by order of the commander-in-chief, shall be used 
by the volunteers. 



Election of 
officers. 



Arms, &c, 
to he sup- 
plied to all 
volunteer 
corps. 



Discipline 
and exer- 



Arms to con 
form to 
those of C 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 195 

Article 2. — The Volunteers. 

§ 1005. AH volunteer corps, except such as may be organized indepen- 

. . -I -11 -i <» -n t A t* *t dent corps to 

into regiments, snail make a full return to the Governor ot the make annual 



; D"" U " W ) 



returns to 



number of men in each corps actually in uniform, the number Governor. 
&nd rank of the officers, the arms and accoutrements in their pos- 
session, supplied by the State, and the number of such as may be 
mnfit for use or expended in service, which return shall be made 
;up to the first day of May in each year, and signed by the cap- 
tain of such corps. 

§ 1006. Whenever it shall appear to the commander-in-chief indepen- 
that any independent volunteer corps is deficient in the number disbanded— 
•of men required by this Code to constitute a company, he shall 
issue an order requiring the return of such equipments as may 
have been furnished by the State, and disband such corps, but the Exception _ 
provisions of this paragraph shall not apply to any volunteer corps 
formed previous to the adoption of this Code, or to any corps at- 
tached to and constituting a portion of a regiment of volunteers. 

§1007. The resignation of a captain of an independent volun- Resignation 

7 «, ■ . t of Captain. 

teer corps shall not take effect until accepted by the commander- 
in-chief, nor until a full return is made to the Governor of all the 
arms and accoutrements received from the State and in posses- 
sion of the corps under his command, inventoried and ready to be 
turned over to his successor, and as often as a captain is elected 
lie shall receipt to his predecessor for the arms and accoutrements 
so turned over to him. 

§1008. When volunteer corps are organized into a regiment or Returns of 
a battalion, the company returns shall be made to the adjutant, companies. 
:and by him forwarded to the Executive Department. 

§1009. Volunteer corps may adopt their own by-laws and reg- companies 

, . . . .-,-,-, p t r^ -t mav adopt 

nlations, not inconsistent with the laws of the btate or military by-laws, &c. 
laws or usage, and may adapt them in such mode as they see 
proper to their organization into a regiment or a battalion. The 
commander-in-chief shall prescribe the uniform of volunteer 
corps, and in all matters not provided for in this Code, such corps 
shall be governed by military law and usage, and the custom of J e ^| ) ™ 1 e e 
the army of the Confederate States, so far as they can be made 
applicable. 

§1010. All fines for delinquencies in military duty shall be Fines to be 

, -, . , . , . i imposed by 

assessed by regimental, battalion or company courts martial, as court mar- 
the case may be, and be collected by execution under the hand 
and seal of the President of the Court, and directed to the Sheriff 
of the county in which the delinquent resides, and the Sheriff 



196 FT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 

Article 2. — The Volunteers. 

shall "be entitled to such costs and subject to be ruled in the - 
Superior Courts, and the execution shall have like form and 
effect as in civil cases. The Sheriff may procure the service of * 
such executions by a Bailiff, he being responsible therefor as 
though it were his own act. 
Election for §1011. All elections for officers of the volunteers and to fill 
how ordered, vacancies shall be ordered by the officer within whose immediate - 
command the vacancy to be filled occurs. For subalterns, by 
captains of the companies in which the vacancy exists, unless the 
company be attached to a battalion or regiment ; for regimental I 
officers, by colonels; for colonels, by the brigadier general of the * 
regiment, he being attached to a brigade ; for brigadier general, 
by the general of division. 
Elections in §1012. In case of a regiment not attached to a brigade, or of 
dentVegi^ 11 a company not attached to a regiment or a battalion, elections for 
company, colonel and captain shall be ordered by the commander-in-chief,., 
and when an independent battalion exists, not belonging to a . 
regiment or brigade, the election for its commander shall be or- 
dered by the commander-in-chief, 
commis- § 1013. Whenever a volunteer corps is disbanded the commis- 
pjje— ShSL sions of its officers shall be vacated, but they shall, nevertheless, 
be liable to suit on the bond executed for the safe keeping and 
delivery of the arms entrusted to them by the State, if there 
should be a breach thereof. 
suits on offi- § 1014. Suits on the bonds of officers of volunteer companies,^ 
cersbond. j^. armg anc [ accoutrements, shall be brought under the direc- 
tion of the judge advocate general, in whose office such bonds 
shall be filed for safe keeping, 
corps vpiun- §1015. When any volunteer corps disbands of its own accord, 
ba3ng. s " the members thereof shall cause the fact to be reported to the • 
commander-in-chief, and they shall forthwith deliver to some 
officer of the quartermaster general's department all the public 
property in their possession, and upon filing his receipt therefor - 
Avith the judge advocate general, a discharge shall be entered 
on their bond. 
$200 to be §1016. Whenever the commanding officer of any volunteer - 
Sterycom- artillery company in this State shall certify to the Governor that 
there are sixty (60) active members, officers and privates, upon 
the muster roll of such company, (a copy of which muster roll 
shall accompany the certificate,) and that said company has been 
exercised in the field with its guns, for not less than two hours at . 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 197 

Article 2. — The Volunteers. 



t each drill, and not less than twelve drills in each year, the Gov- 

v ernor shall draw his warrant npon the Treasurer of the State for 
the siini of two hundred dollars, to be paid into the fund of said 

-company; Provided, nevertheless, That the provisions of this 
section shall not extend to more than seven (7) companies, not 
including such companies as may be already organized, and who 
may comply with the provisions of this section. 

§ 1017. Volunteer companies of infantry, cavalry or artillery, volunteer 
which have been, or may hereafter be organized, with not less Scorpora- 8 
than forty members, and have their officers duly commissioned, 
are made a body corporate and politic, under their respective 
names and styles, and made capable in law to sue and be sued, to 
plead and be impleaded, to have a common seal, to hold proper- 
ty, real, personal or mixed, and to pass such by-laws, rules and 
regulations as may be necessary for their government, not incon- 

- sistent with the laws and Constitution of this State or the Con- 
federate States. 

§1018. Courts of inquiry and courts martial, for companies Courts of in- 

. . quiry and 

incorporated by the provisions of this Code, shall be constituted courts ma 
and regulated by the laws in force relating to volunteer compa- 
nies. 

§1019. Each member of any company incorporated by the Members of 
provisions of this Code, shall be exempt from road or militia du- corps ex- 
ty, except such as may be required of them as members of their 3 ornS 

,. • n , . y» iv . ,. tiaduty. 

respective companies, and except in times ol insurrection, inva- 
sion, rebellion or war ; Provided, The commanding officer of any _ . 

' ' & «/ Proviso. 

company so incorporated shall have recorded in the offices of the 
Clerks of the Superior and Inferior Courts of their respective 
counties, a full and complete list of the members of their compa- 
ny, and that the above exemption shall continue no longer than 
actual membership. 

§ 1020. The five preceding sections shall be held to be cumula- certain sec- 

° . tions cumu- 

tive to any act already passed, conferring privileges upon any lative. 
company now existing under the laws of this State, or which 
:may hereafter be organized. 






198 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 



Article 3 — Cavalry Corps. 



ARTICLE III. 



CAVALRY CORPS. 



Section. 

1021. A squadron of cavalry denned. 

1022. How organized. 

1023. What constitutes a troop, &c. 



Section. 

1024. Parade and drill. 

1025. Fines for non-attendance. 



Two or more 
troops may- 
form a 
squadron. 



squadron § 1021. A squadron of cavalry shall consist of not less than 
two or more than five troops, and shall be commanded by a ma- 
jor, elected by the commissioned officers of the troops composing 
the squadron. He shall appoint his own staff, and determine his 
own uniform and that of his staff, with the approbation of the 
comm ander-in- chief. 

§ 1022. Any two or more troops of cavalry, having regard to 
their neghborhood and facility of communication with each other, 
may unite to form a squadron, and whenever such formation is 
determined on they shall report the same to the commander-in- 
chief, who shall thereupon order an election for major, at such 
time as he may think proper, and shall issue a commission to the 
officer elected. 

Arms. § 1023. Each troop of cavalry shall consist of forty men, be- 

sides the captain, uniformed and mounted; they shall be armed 
with cavalry sabres or broad swords, and dragoon holsters, or 
such other pistols as the commander-in-chief may direct, and may 
carry a carbine at their option. 

§1024. The major commanding a squadron of cavalry shall 
parade and exercise the same, either in squadron or detachment, 
at least once in each year, for a period not exceeding three days 
at any one parade, after the arrival at the place of rendezvous. 
Orders for such parade may be given verbally at any parade, or 
by writing. Commissioned officers shall have twenty, non-com- 
missioned officers and men ten day's notice. 

Fines for de- §1025. Fines for non- attendance or delinquency at any squad 

iTsquSn drill, or parade, or muster, shall be imposed by a court martial, 
to be ordered by the officer commanding the squadron, but they 
shall not exceed double the amount imposed by the regulations of 
the troops of which the delinquent is a member, for offences of 
like character, and shall be collected as provided in section 1010.. 



Major to pa- 
rade squad- 
ron or de- 
tachment 
annually. 



PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 



199 



Article 4. — The Militia, 



ARTICLE IY. 

THE MILITIA. 



Section. 

1026. The militia of the State. 

1027. How organized. 

1028. Companies — how organized. 

1029. Grade of militia officers. 



Section. 

1031. Regiments — how organized. 

1032. Non-commisioned officers. 

1033. Captains make returns to Adjutant. 

1034. Notice of drills — how given. 



1030. New divisions, &c. — how created. I 1035. Register of commissioned officers. 

§1026. The militia of the State consists of all persons, not The militia, 
heretofore classified, within its limits snbjeet to military duty, and 
not exempted therefrom by the Acts of Congress or the laws of 
this State, or belonging to some volunteer organization. 

§ 1027. The militia shall be organized into companies, battal- organization 

° ox — how num- 

ions, regiments, brigades and divisions, which shall be numbered * er ? d and , 

7 ~ ' i ' designated. 

throughout the State by order of the commander-in-chief, in such ™ c°minis- 

o «/ " sions. 

manner that every corps of the same denomination shall bear a 
different number, by which number every company, district, regi- 
ment, brigade or division, as the case may be, shall be designated 
in the commissions of the officers commanding the same. 

§1028. If, from exemptions, there are not persons enough lia- Dendencyin 

u ... . . numbers in 

ble to do militia duty in any district or beat, a company may be any district 

" , . , company. 

organized of those so liable from adjoining districts or beats, of 
not less than forty nor more than one hundred, under the direc- 
tion of the colonel of the regiment, and when so done must be 
accurately reported. 

§ 1029. The following grades of militia officers shall be recog- Grades of 

<- n r> o oncers. 

nized: Commanding each division, a major general; each bri- 
gade, a brigadier general; each regiment, a colonel, lieutenant 
colonel and major; a separate battalion, a major; each com- 
pany, a captain, first and second lieutenants, and ensign. Wher- 
ever other grades exist, they shall continue until the same be- 
comes vacant, when they shall respectively cease and determine. 

§ 1030. ]S T ew divisions and brigades shall be created by the Leg- New divis- 

u ° , , ions and 

islature ; regimental and company districts by order ot the com- brigades, 

7 o r •/ «/ regimental 

mander-in-chief, on the report of the officers commanding the and compa- 

? • Jt l nv districts. 

companies in the regimental district, but in all cases, when prac- 
ticable, the regimental district shall be coterminous with the 
county in which it is situated. 

§1031. There may be two or more regiments in the same 
county, and two or more counties may be united to form a regi- 






200 PT. 1.— TIT. 11.— CHAP. 2.^-Public Defence. 

Article 4.— The Militia. 

Twoormorement, due regard being; had to the proportion thereof, but the 

regiments 

may be in existing arrangement in this behalf shall not be disturbed except 

same county ° ° _. . . x 

by the Legislature, unless upon application oi those interested 
therein. 
captain to § 1032. The captain of each company shall divide his company 
panyinto into four squads, as nearly equal as may be, and appoint one fit 
and proper person in each as sergeant, and one as corporal, and 
he shall also appoint a first sergeant ; they shall be responsible for 
the proper distribution of all orders, and may be removed by a 
company court martial for proper cause. 
Eetums to § 1033. Each captain of a militia company shall make out and 
ct P tain e to by deliver to the adjutant of the regiment to which he belongs, a 
ju nt. ^|| return of the number and names of the men belonging to 
his company, on the first day of May in each year, for which he 
shall receive such compensation as is paid to the takers of the 
State's census, to be paid out of the military fund. 
summons to § 1034. A non-commissioned officer, or any other person ap- 
b" whom" pointed for the duty, may warn persons subject to militia duty 
to appear at parades, musters or drills, and he shall be furnished 
with a list of persons to be warned ; such warning may be given 
verbally to the party in person, or by leaving a written sum- 
mons at his most notorious place of abode, but the party may 
claim his exemption at the time of such warning and produce to 
the warning officer the evidence thereof, which may be his own 
oath or such other evidence as may establish the fact, and it 
shall be the duty of the warning officer to enter the exemption 
claimed against the name of the party on his list. 
Eosterof §1035. Each colonel of the militia regiment shall by himself 

officers to be a -n i • i «? 

kept by or his aduitant keep a roster or list of all the commissioned om- 

Colonel. „ * . < . 

cers of his regiment below the rank of captain, and shall revise 
and correct the same as often as may be necessary, and annually, 
on or before the first day of June, shall forward to the adjutant- 
general copies of the returns so delivered to the adjutant of his 
regiment, as well as a copy of the roster above mentioned, and 
for habitual failure in the premises shall be liable to be tried by 
a general court martial and cashiered or otherwise punished, as 
said court may direct. 






PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 



201 



Article 5. — Elections. 



AKTICLE V. 



ELECTIONS. 



.Section. 
1036. Election of militia officers. 
1031. Notice of — how given. 
1038. Yoters failing to attend. 



1036. 



Section. 

1039. A plurality of votes will elect. 

1040. Elections — by whom ordered. 

1041. Officers commissioned bv Governor 



All elections of militia officers shall be by the people ; Miutia ota- 

cers to be 

of captains and subaltern officers by the people of the several elected by 

. . . , n n -» *b. e people. 

company districts subject to do militia duty ; of field officers by 
the citizens of the counties subject to military duty under the 
'Command of such officers ; brigadier and major generals by the 
citizens of the respective brigades and divisions subject to mili- 
tary duty under such commander of the brigade or division, and 
may be superintended by a Justice of the Peace and a free- Election- 
holder, or by two freeholders or two military officers, as the au- 
thority ordering the election may see fit to prescribe. 

§1037. Notices of such elections may be given as follows: By Notices of 

... ., -,-.* election — 

publication m one or more gazettes, by notice at the usual place how given. 
•of posting legal notices, or by orders published at parade or drill. 
Twenty days' notice shall be given of the time and place of the 
•election of any officer below the grade of brigadier general. 

§1038. In case of voters failing to attend at any election for New eiec- 
militia officers, and no vote shall be polled, it shall be the duty or officer ap- 
of the superintendents to return the fact to the Executive De- when, 
partment, with a statement of the interval allowed for the recep- 
tion of votes ; whereupon, the commander-in-chief may in his 
discretion order a new election or appoint an officer to fill the 
vacancy and commission him accordingly. 

§1039. At all elections of militia officers the person having the plurality of 
highest number of votes shall be declared elected, and ever;; 
officer to whom a commission shall issue shall declare to the Exe- 
cutive Department, within a reasonable time after its reception, 
his acceptance or declension of the same. After two months 
have elapsed he shall be deemed to decline unless he shall have 
uniformed and equiped himself. 

§ 1040. All elections for militia officers of and above the rank 
of captain shall be ordered by the commander-in-chief, and be- °{^ c v e ( 
low that rank by the captain or those acting as such, and on of Ca P tain - 
failure to elect, such captain or the commanding officer of the 
company may complete the same by appointment, and such ap- 



, votes to 
elect. 



Electionsfor 
ra 
e rank 



202 FT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 



Article 5. — Elections. 



pointees shall be commissioned as in case of elections. All 
officers of the military force of this State shall be commissioned 
by the Governor, whether of the line, field or staff. The com- 
mission of staff officers, except the chiefs of the staff department, 
will expire with the commissions of the officers on whose staff 
they may be appointed. 



CHAPTEK III. 

ORGANIZATION OF THE STAFF OF THE MILITIA. 

Section. Section. 

1041. Staff department of the militia. i 1048. Paymaster General — his duties. 

1042. Of the Commander-in-Chief. ; 1049. Expenses of Staff Department. 

1043. Adjutant and Inspector. &c. j 1050. Accounts for military service. 

1044. Term of office, salary and removal, j 1051. Chief of each staff — his duties. 

1045. Staff of Division. j 1052. Adjutant & Inspector chief of staff 

1046. Battalion entitled to a staff — when.j 1053. Governor shall appoint three aids. 

1047. Adjutant and Inspector General. 

staff depart- §1041. The staff departments of the militia shall be as fol- 

ments of the 1 

militia. lOWS, VIZ '. 

1. The Adjutant and Inspector General's Department. 

2. The Quartermaster General's Department. 

3. The Commissary General's Department. 

4. The Paymaster General's Department. 

5. The Judge Advocate General's Department. 

6. The Surgeon General's Department. 

CMefs of §1042. The chiefs of the several staff departments shall be 

ments at- attached to the staff of the commander-in-chief. 

'fio'hf'ci to 

staff of com- §1043. The commander-in-chief, with the advice and consent- 
chief, of two-thirds of the Senate, shall appoint an officer to be called 
Appoint- adiutant and inspector general, with the rank of colonel. The 

ment&rank J x m ' 

of Adjutant adiutant and inspector general shall reside and keep his office 

and Inspec- J /- tt it • 

tor General a t the Seat of Government. He shall obev all orders given him 

— his duties. # '' y 

by the commander-in-chief in relation to the duties of his 
office ; and keep a fair record of all orders and communications 
which he shall receive from time to time. He shall require an- 
nual returns from the major and brigadier generals, from which 
lie shall make out a general return of the whole strength of the 
militia and forces of the State. He shall provide accurate ab- 
stracts of annual returns for divisions, brigades, regiments and 
companies, both of the militia and volunteers, which forms, 



FT. 1.— TIT. 11.— Public Defence. 20& 



Chapter 3. — Organization of the Staff of the Militia. 



when made out, shall exhibit the strength of arms and accoutre- 
ments, equipments and munitions of such divisions, brigades, 
regiments and companies, and a description of the corps com- 
posing the same ; and shall transmit these abstracts for annual 
returns, to all officers; who are required to fill them at such 
times as may be designated in general orders. All military 
orders and commissions shall pass through the office of the ad- 
jutant and inspector general. He shall lay before the Governor 
every communication he may receive on military affairs requiring 
Executive action. He shall attend all public reviews when the 
commander-in-chief shall review any portion of the forces or 
the whole of them. He shall, whenever required by the com- 
mander-in-chief, inspect the arsenals and armories of the State, 
which shall be under his charge; and all applications for the- 
distribution of arms shall be made to him. He shall also act as 
inspector general of the State, and shall, whenever ordered by 
the commander-in-chief, inspect any portion of the military 
forces of the State. 

§1044. The adjutant and inspector general shall hold his Tenure of 
office during good behavior, subject to removal on the address of removed. 
the Governor, by two-thirds of the Senate, and shall receive an 
annual salary of three thousand dollars. 

§1045. The division staff shall be constituted as follows: a di- Division 
vision inspector, with the rank of lieutenant colonel, two aids-de- sta ' 
camp, one quartermaster, one judge advocate and one surgeon, 
each with the rank of major to be appointed by the major gen- 
eral. The brigade staff shall consist of a brigade inspector, with Brigade 
the rank of major, one aid-de-camp, or quartermaster, each with 
thfs rank of captain, to be appointed by the brigadier general. 
The regimental staff shall consist of an adjutant, a quartermas- Eeg imentai 
ter, a paymaster, commissary, judge advocate and surgeon, each 
with the rank of lieutenant, to be appointed by the colonel of 
each regiment. 

§1046. In case of a separate battalion, the commanding officer staff of in- 
of the battalion shall be entitled to. and shall appoint a like staff battalion! 
with the colonel of a regiment. 

§1047. The adjutant and inspector general shall keep in or- Arsen ais, 
der and control the arsenals and magazines of the State, attend J^ISe? 1 
to the due preservation of the ordnance, arms, accoutrements, * ntroTof r 
munitions of war, and implements of every description, the pro- gonerail utaIU 
perry of the State and in its possession, and lie shall at all times 



204 FT. 1.— TIT. 11.— Public Defence. 

Chapter 3.. — Organization of the Staff of the Militia. 

have the control and disposition of the same for that purpose. 
He shall report annually to the commander-in-chief the actual 
situation, condition and disposition of all the ordnance, arms and 
military property which in any wise appertain to, or respects the 
department confided to his keeping. 
Paymaster sl 1048. The paymaster general shall annually report to the 

general to ° sr J o J r 

™ a orts nnual commander-in-chief all such matters connected with his depart- 
ment as come to his knowledge, and all monies received by him 
shall be deposited in the Treasury to the credit of the military 
fund, and shall constitute a part of the same. 
chiefs of § 1049. Each chief of a staff department shall keep a true ac- 

ments to count of the expenses of his department, which shall be reported 

make quar- ., x , x , -. t , . . . . r ■ 

teriy quarterly to the commander-in-chief, who shall draw his warrant 

returns. , . . 

on the military fund for the same. An abstract of such warrants 

shall be laid before the Legislature. 

Accounts for § 1050. All fees for military service shall be embraced in an 

services. account made out and certified by the officer to whom the same 

may be due, and delivered to the officer of the pay department 

within the military organization where the same accrues, who 

shall immediately forward the same to the paymaster general. 

jurisdic- §1051. The chief of each staff department shall, under the di- 

tion of chiefs ! , i -i • -i • r» -i i ni 

of staff, rection oi the commander-m-chiei, have command over all subor- 
dinate officers in his department, and shall, from time to time, 
issue orders and instructions for their government and practice, 

Blanks and together with such printed blanks and forms as may be necessary 

forms to be -, 1 -. . 

provided, to carry all orders into execution. 

chiefs of the §1052. The adjutant and inspector general shall be the chief 
of the staff organization. The quartermaster general, commis- 
sary general and paymaster general shall each rank as lieutenant 
colonels, and shall also be appointed by the Governor. The judge 
advocate general and surgeon general shall each rank as lieuten- 
ant colonels, but shall not be entitled to any commands (except 
in their own departments) as such ; they shall be appointed by 
the Governor. The assistant adjutant general shall be appointed 
by the Governor. 

Aids to the § 1053. The Governor shall appoint three aids-de-camp, by war- 

<fcOvemor, rant, with the rank of colonel, but their warrant shall expire with 
the Governor's term of office. 






PT. 1.— TIT. 11.— Public Defence. 



Chapter 4. — Courts Martial. 



205 



CHAPTER IY. 



COURTS MARTIAL. 



Section. 

1054. Courts martial — fines and penalties. 

1055. Constitution and rules of. 

1056. How convened. 

105*7. Failing to attend court or parade. 

1058. Refusing to attend court. 

1059. Officers detailed, &c. 



Section. 

1060. Pecuniary penalties— how collected. 

1061. Non-commissioned officers, &c. 

1062. Cadets of the G-. M. Institute. 

1063. Fi. fas. For fines — proceedings. 

1064. Duty of collecting officers. 

1 065. Disposition of fines, &c, collected. 



&c 



§ 1054. Military forfeitures, lines and penalties, shall be adjiidg- Courts mar _ 
ed by court martials, in accordance with military law and the f*\^£ U^ 
usage of the army of the Confederate States. JSTotices to officers 
charged with offences, to appear at a general court martial, shall 
be personally served at least twenty days before the time prescrib- 
ed for holding court, and may be contained in the order appoint- 
ing the court. 

§ 1055. The Constitution of all courts martial shall be in ac- 



Constitution.' 

cordance with the regulations of the army of the Confederate coSmar- 
States, except where differently prescribed in this Code, and their tm ' 
mode of proceeding regulated, as far as practicable, by the same 
rules, but no court martial shall impose sentence of death on any 
offender in time of peace, or imprison an offender (except for con- 
tempt) in time of peace. 

§1056. General courts martial shall be convened on the order GenOTal 
of the commander-in-chief; they shall have cognizance of all^t— hmr 
military offences, and shall not sit with less than live nor more 
than thirteen members, except where supernumeraries are sum- 
moned, but the acting members of the court shall never exceed 
thirteen. Regimental courts martial may be ordered by a com- 
mander of a regiment or battalion, to consist of three or more cS^LV 
commissioned officers of the regiment or battalion, at least, for constituted. 
trial of offences committed within the battalion or regiment, and 
company courts martial may assemble by the order of any cap- 
tain of a company for the trial and assessment of all lines for de- 
linquencies at any parade or muster, to consist of the commis- 
sioned officers of the company. 

§ 1057. Besides the penalties usually adjudged against military 0fficers he . 
offences, officers of the militia shall be subject to fine for non-at- ?y p^Sh^" 
tendance at parade, drill or muster, and for other non-perform- Sto S fine. 
ance of duty, but no fine for absence at company parade, drill or 



206 



FT. 1.— TIT. 11.— Public Defence. 



Chapter 4. — Courts Martial. 



Officers re- 
fusing to at- 
tend court 
martial. 



muster, shall exceed ten dollars, exclusive of the cost of collect- 
ing the same, except as herein provided. 

§ 1058. If any officer charged with a military offence shall re- 
fuse to attend a court martial, convened for the trial thereof, the 
case shall proceed as if he were present. Company courts mar- 
tial may proceed and assess fines without the presence of the de- 
linquents, provided they were duly warned to perform the duty 
concerning which they are delinquent. 

§ 1059. Officers detailed on a general court martial shall be 
paid the sum of four dollars per day during the time of their ac- 



Pay and 
mileage of 
officers on 



my courts. 



Court may 
punish for 
contempt. 

Fines col- 
lected by 
•execution. 



regimental, tual session, and four dollars for every twenty miles in going and 
returning therefrom, to be paid by the Governor by warrant, on 
the necessary production of the certificate of the president of the 
court. For regimental and company courts martial the pay of 
each member shall be one dollar per day, to be paid out of the 
fines collected by the commander of the regiment, battalion or 
company. 

§ 1060. Courts martial shall have power to punish contempts 
in the same manner as civil courts. 

§ 1061. Pecuniary penalties assessed by any court martial, shall 
be collected by execution issued under the hand of the president 
of the court, and directed to the Sheriff of the county in which 
the delinquent resides, and shall have the same force and effect 
as civil process of the same character, according to the laws of 
this State. 

§ 1062. IsTon-commissioned officers shall be degraded to ranks 
only by sentence of a company court martial. 

§ 1063. Cadets of the Georgia Military Institute must be tried 
according to the rules and regulations of said Institute. 
Execution to § 1064. All executions for the collection of any penalty adjudg- 
?n60days. d e ^ ^7 a cour t martial shall be returned to the officer issuing the 
same, with the money collected thereon, or a return of no prop- 
erty to be found on which to levy the same, within sixty days 
from the date of its issue, and the Sheriff, on failure to make a 
return, shall be liable to be ruled for the amount due on such 
execution, in the next Superior Court after such failure, in the same 
manner as in civil cases. 

§ 1065. All officers of the militia receiving fines or pecuniary 
penalties, collected by execution, shall make a return thereof to 
the paymaster general, or to such officer of his department as he 
may designate, at least once a year, or oftener if necessary. The 



Degraded. 



Cadets— how 
tried. 



Officers re- 
ceiving 
monies col- 
lected. 



PT. 1.— TIT. 11.— Public Defence. 207 



Chapter 4. — Courts Martial. 



paymaster general shall lay an abstract of the same before the 
3ommander-in-chief annually. 



CHAPTEE Y. 

PRESERVATION OF ORDER AT PARADES. 
Section. I Section. 



1066. Disturbing officer or soldier on duty. 

1067. By persons connected with military. 

1068. Officer has power to arrest. 



1069. Sutlers — duties and privileges. 

1070. Intoxication on parade ground. 



§1066. No bystander, or person not connected with the milita- interfering 
ry, shall molest, interrupt or insult any officer or soldier, while on „r soldier on 
duty, at any muster or parade, and the commanding officer, where 
such offence may happen, shall have power to confine such per- 
son under guard until the close of such parade or muster, who is 
liable to indictment and conviction for a misdemeanor, to be pun- 
ished in the discretion of the Court. 

§1067. Any person connected with the military service of the Insnbordi . 
State who shall be guilty of the offences mentioned in the pre- Starr! the 
ceding section, or shall otherwise violate military order or deco- 
rum, shall be arrested and punished at the discretion of a court 
martial. 

§1068. The commander of companies, battalions or regiments, command- 
brigades or divisions, when on duty with their respective com- fine pereora 
mands or parts thereof, shall have power, in their discretion, to parade. 
arrest and confine, not exceeding the period for which they were 
on duty, any person who shall, upon or near any parade ground, 
field, public highway, or any other place occupied by any portion 
of the military force of Georgia, under arms, by means of ludi- 
crous disguise, dress, arms and instruments, noise or other means, 
disturb the peaceable and orderly proceedings of those under 
arms, and such disturbance may be viewed as a misdemeanor, and 0ffenders 
the offender may be indicted, and on conviction punished by fine™^'^^ 
and imprisonment, at the discretion of the civil court "before J^ sdemean " 
which he is convicted. 

§1069. When any sutlers shall attend any military muster or Slltler8lin . 
parade they shall be under the direction of the commanding Jjjj ouom- 
i officer with regard to the time and place of selling refreshments, offi™''" 
| and such commanding officer shall have power to grant exclusive 
privileges to such persons as may engage to furnish suitable spa- 
cious and convenient places of parade, and the sutler aforesaid, 



icer. 






208 



PT. 1.— TIT. 11.— Public Defence. 



Chapter 5. — Preservation of order at Parades. 



when permitted, shall not be liable for retailing spirituous liquors- 
at any of the musters aforesaid under the law for retailing spirit- 
uous liquors without license. 
Treatment 8 1070. Visitors found on the parade ground during; the times 

of intoxica- , „ . . ' , ° 

ted visitors, thereof intoxicated, may by the commander be marched beyond 
the lines, and on returning in the same state may be put under 
guard. 



CHAPTER VI. 



PROVISIONS OF LOCAL APPLICATION. 



Section. 

1071. Cities — how organized into coin's. 

1072. Each beat elect a captain, &c. 

1073. Removal of commissioned officer. 

1074. Captain of beat, &c. 

1075. Beat company — how designated. 

1076. Regiments, battalions, &c. 

107 7. Volunteer companies of Augusta. 

1078. Commanding officer — how elected. 



Section. 

1079. Members exempt from jury duty:. 

1080. Same privileges to other cities. 

1081. Volunteer corps of Savannah. 

1082. How organized. 

1083. Rights of the regiment securedl 

1084. By whom commanded. 

1085. Honorary members— how admitted. 



Cities divi- 
ded into 

beats. 



Eight beat 
companies 
to form a 
regiment, 
four a bat- 
talion. 



Election of 
officers for 
beat com- 



§ 1071. Cities where the population may authorize it may be 
divided into beat companies by law ; each district in which two^ 
Justices of the Peace are elected shall constitute two beat com- 
panies. If there be eight beat companies or more they shall 
constitute a regiment, four or more shall constitute a battalion 
to be commanded by a lieutenant colonel and major, two or more, 
shall constitute a battalion to be commanded by a major. 

§1072. The citizens of the several cities or towns arranged 
into beat companies, resident within their respective beats, shall 
taiions'and elect one captain and two subaltern officers for each beat com- 

regiments 

pany ; where a battalion exists the citizens resident within the 
battalion limits shall elect the lieutenant colonel and major, or 
major, as the case may be, and where a regiment is formed the 
citizens within its limits shall elect a colonel, lieutenant colonel 
and major, 
mere com- § 1073. In cities or towns the removal of a commissioned offi- 
officlTmay cer shall not vacate his commission, unless it be beyond the cor- 
porate limits of the city or town. 

§1074. The captains of all beat companies in the State shall 
appoint four sergeants and four corporals for their respective 
.companies; they shall hold company courts martial in like 
manner with captains of company districts. 



Captains to 
appoint non 
commis- 
sioned offi- 
cers. 



PT. 1.— TIT. 11.— Public Defence. 209 



'' Chapter 6. — Provisions of Local Application. 



§ 1075. The beat companies in each regiment or battalion shall Beat com- 

■ T^inif s of 

be designated by the first ten letters of the alphabet, commen- regiment— 

it - r „ . , r ,, now desis;- 

cing with "A and continning regularly to "Jv, omitting " J. nated. 

§1076. Battalions under separate command by the name of Battalions 
the city or town in which they are located, and regiments by amcnts. 
number fixed by the commander-in-chief. 

1077. The volunteer companies of the city of Augusta are volunteer 
organized into a separate battalion called the "Independent Yol- of city of 

, x Augusta to 

unteer .Battalion of Augusta, and separated from the tenth forminde 

..,,., . , pendent bat- 

regiinent. Any other companies which may be organized here- ta,ion - 
after in the city of Augusta, may, if they desire it, be attached 
to the battalion, and when the number of companies amount to 
eight they shall constitute a regiment to be called the ''Indepen- 
dent Volunteer Regiment of Augusta. " 

§ 107S. The battalion shall be commanded by a lieutenant Commander 

4 ,; of the bat- 

COloiiel, elected by the members of the companies composing the taiion— how 

battalion, who shall have a full and complete regimental staff. 
'No person shall be eligible as lieutenant colonel or to an appoint- 
ment on the staff who has not been connected as a regular 
member with one of the companies of the battalion for at least 
six months previous to the election or appointment. 

§1079. The active members of the battalion are exempted from Battalion 

-, • i /-^ /» i /» a* i • i exempt from 

jury duty m the Courts ot the city ot Augusta and m the county jury and mi- 
of Richmond, and from the performance of militia duty, except 
in case of war, riot, insurrection or invasion. The battalion 
shall be subject to the orders of the commanding officer when- 
ever he may deem it expedient. 

§ 1080. The same privilege is granted to the volunteer com- city voiun- 

..-, . , ° ° p teer com- 

panies in the city ol Macon and any other city in the State panes may 

x * y ,y ^ § form a bat- 

which has the requisite number of volunteer companies, and if taiion with 

x x 7 like privi- 

deficient they are allowed to make up such number from the le ? cs - 
county in which such city is situated, and if not in the county, 
elsewhere. 

§1081. The volunteer corps of the city of Savannah are volunteer 
formed into a regiment entitled " The First Volunteer Regiment vannahform 
of the State ot Georgia," embracing as many corps as may chose 
to conform to the regimental organization ; but when the regi- 
ment numbers sixteen companies they may organize themselves 
into a brigade and elect the necessary officers to command the 
same in such manner as the members of said companies may see 

fit to adopt. 
U 



a regiment. 



210 



PT. 1.— TIT. 11.— Public Defence. 



Chapter 6. — Provisions of Local Application. 



Officers and 
staff. 



Rights of the 
regiment se- 
cured. 



Commanded 
by its own 
officers and 
commander- 
in-chief. 



Honorary 
members of 
volunteer 
corps. 



§ 1082. The first volunteer regiment shall be commanded by a 
colonel, lieutenant colonel and major, and shall be entitled to a 
regimental staff. Orders for the election of a colonel, as often 
as a vacancy occurs, shall be issued by the commander-in-chief, 
and the members of the several corps constituting the regiment 
alone shall be entitled to vote, all other elections for officers be- 
longing to said regiment shall be ordered by the colonel or com- 
manding officer. 

§1083. The rights and privileges accruing to said regiment 
shall not fail by the consolidation of two or more companies or 
the withdrawal or dissolution of one or more companies, but the 
same shall vest in and be enjoyed by the corps composing the 
"First Yolunteer Regiment." 

§1084. The " First Yolunteer Regiment " shall be subject ex- 
clusively to the command of its own officers and the commander- 
in-chief, except when on detached service either of this State or 
of the Confederate States, when it shall be governed by the 
military law and the usage and custom of the army. 

§ 1085. All the volunteer corps shall each have the privilege 
of enrolling as honorary members of their respective corps not 
exceeding twenty persons, who shall be exempt from ordinary 
militia duty, only so long as they continue their membership in 
said companies, on paying into their respective treasuries the 
sum of twenty dollars each annually. 



CHAPTER YII. 



MISCELLANEOUS PROVISIONS. 



In case of 
insurrec- 



Section. 
1086. Insurrection, &c. — duty of Gov. 
108*7. Discipline of military. 

1088. Entitled to pay & rations — when. 

1089. Duty of resident commander. 

1090. Requisition of militia by C. S. 

1091. Commanding officer, &c. 

1092. When called out of the State, &c. 

1093. Pass over ferries, &c, free — when. 

1094. Under arms to preserve order, &c. 



Section. 

1095. Arms, &c, exempt from sale. 

1096. No. of votes required to elect. 
109*7. Elections and returns thereof. 

1098. Commissions and effect thereof. 

1099. The ratification by the State. 

1100. Officers must report themselves. 

1101. Substitutes may be received. 

1102. General provisions adopting, &c. 

1103. Incorporated comp. not affected. 



J 1086. Upon any insurrection, rebellion, invasion or probable 
tion, r inva- prospect thereof, it shall be the duty of the Governor to call from 
Gov! tooau that portion of the State then threatened, or other portion if ne- 
cessary, such part of the military force of the State as he may 



out military 
force. 






PT. 1.— TIT. 11.— Public Defence. 211 

Chapter 1. — Miscellaneous Provisions. 

think proper, and detail such number of staff officers of the ne- 
cessary grades from the several staff departments for their accom- 
modation, equipment and support as may be necessary. 

§1087. Whenever any portion of the military force of this Discipline 
'State shall be called into actual service, either of the State or of into actual 
the Confederate States, they shall be governed by the regulations 
•of the army of the Confederate States, and the rules and articles 
of war so far as the same are applicable, but to the cashiering of 
any officer, or the infliction of capital punishment within the 
limits of this State, the approbation of the commander-in-chief 
shall be necessary. 

§1088. When any portion of the military force of the State ispayand 
ordered by the commander-in-chief for actual service, or for drill 
.and instruction, they shall be allowed such pay and rations, and 
other compensation, as are allowed to the army of the Confed- 
erate States. 

§1089. If a sudden invasion should be made, or insurrection Duty ofre6 . 
happen, in any county or city of this State, the commanding of-^aSdersia 
ficer, in said county or city, is empowered to take the necessary Surra- ■ 
steps to repel the same, and upon the requisition of the civil au- S10n ' 
rthority, to proceed to quell the insurrection, reporting the condi- 
tion of things at once to the commander-in-chief. 

§ 1090. Whenever any detachment of the militia may be re- Detachment 
quired of this State, by the proper authority, on the part of ffife caiS 1 ft* by 
^Confederate States, the commander-in-chief shall cause the same 
to be apportioned by such staff officers as he may think proper 
to detail for that purpose, and a list of the persons so detached, 
shall be made out and forwarded to the Executive Department 
forthwith, and the Governor shall assign the necessary officers to 
said detachment from the officers of the militia then in commis- 
sion. 

§ 1091. When a division, or brigade, or companies, sufficient Brigade or 
to constitute either, shall be called for on the part of the Confed- miiitia 

<erate States, and detached from the militia of this State, the Gov- service of 

c s. 
ernor shall appoint a suitable officer to command the same, and 

commission him accordingly, unless otherwise provided for by the 

Constitution and Laws of the Confederate States. 

§1092. Whenever a sufficient number of the militia, to consti- Kegiment or 

tute a regiment or battalion, shall be detailed for service to op- iunSiacaii- 

erate beyond the limits of the State, such regiment shall be fur- state* 

aiished, by the Governor, with two flags — one the regimental 



!12 FT: 1.— TIT. 11.— Public Defence. 



Chapter 7. — Miscellaneous Provisions. 



color bearing the arms of the State ; the other the national color 
hearing the arms of the Confederate States, both inscribed with 
the name of the regiment, and if a battalion, the regimental color 
only, conforming to flags of like description in the army of the- 
Confederate States, and at the close of the service it shall be the- 
duty of the officer commanding gueh regiment or battalion to re- 
turn the same to the Governor, or report the reasons for his de- 
fault therein, which shall be communicated to the next General 
Assembly, 
officersaiid §1093. All otHcers, whilst on duty, and any militia called to- 

mill ha to « >' ' _ '«/ 

pass free musters, parades or drills, or to courts martial, or courts of in- 
over toll ' -L " 

Sier s— quiry, having to pass over toll bridges, ferries or through turn- 
pike gates, shall pass toll free going to or returning from the dis- 
charge of such duty, 
on muster §1091. For the purpose of preserving order on any day of pa- 
litiaareun- rade, drill or muster, the militia shall be considered as under - 

tier Jirnis 

from sunrise arms from the rising of the sun to its setting in the same day,, 

to sunset. - ,_ . 1 i 

and shaii he exempted from arrest during that time. 
Arms, ac- §1095. All arms, ammunition and equipments, the trooper's 
ments, "&c, horse and furniture, the uniform and accoutrements of the sol- 
cxemp .a c |j ei ^ anc j evei y Ixorse necessary to the discharge of military duty 
in every department of the State's service, with his apparel, shall 
be exempt from seizure and sale under civil process, nor shall 
any service of civil process be effectual upon any militia man 
while going to, continuing at, or returning from parade, drill or 
muster, or while in actual service of the State or of the Confed- 
erate States. 
Plurality of § 1096. At all elections for officers of the militia, the person, 
elect ( having the highest number of votes shall be declared elected. 
Elections— §1097. All elections for militia officers shall be held at the- 
where beki. llg (jf a i place -of holding elections, and the superintendents shall re- 
turn the result thereof to the commander-in-chief, who shall cause- 
commissions to issue accordingly ; but upon due proof of fraud or 
illegality in holding such election, the commander-in-chief may 
supercede the same and order a new one in his discretion, 
commis- §1098. All commissions shall bear the impression of the great 

with great seal of the State in print, and shall run during good behavior; 
but they may be vacated by removal from the command in which 
the officer belongs by death, resignation, sentence of a court mar- 
staff omcers tial, and acceptance of another inconsistent commission. Staff' 

may he re- 
moved. 



officers, except the chiefs of the staff departments, may be re- 



. 



FT. 1.— TIT. 11.— Public Pkwuscm. 2li 

Chapter 7. — Miscellaneous Provisions. 



moved by the officer in whose staff they serve, and their commis- 
.•sions shall expire with his commission. 

§1099. The resolution of the Senate, concurring in the nomi- Nomination 

.,, , , , Ti of a military 

nation of any military officer, shall he certified bv the President officer to W 

" 7 " certified. 

■and Clerk of the Senate, and be transmitted to the Executive 
Department, and the Governor shall cause commissions to issue 
in accordance therewith. 

£1100. All officers, on reception of their commission and their officers to 

.. , n • ,. l li l report them- 

subscription, and the attestation ot the oatJi thereto annexed, selves, 
shall immediately report themselves to the proper officer in com- 
mand. 

§1101. Any person detached to serve with any portion of the May provide 
militia called into the service of the Confederate States, may whenVaiied 
•offer a substitute at or before the time of rendezvous, and such f c. s. n * 
substitute, if he shall be an able bodied man of the age of twen- 
ty-one years and upwards, and shall consent in writing to subject 
himself to all the duties, fines, forfeiture and punishments to 
which his principal would be subject, were he personally to serve, 
he shall be accepted by the commanding officer of the detach- 
ment, and ordered to be enrolled in place of his principal. 

§1102. All matters of detail in the various branches of the General pro- 

.-,.. . /«in • -n •-!!/»• i • "vision adopt- 

miiitarv service ol the btate, not specially provided for m this ing miittsry 

-, . . . " . . . , law 

"Code, which may occur in the execution and distribution of or- 
ders, reports and returns, proceedings of courts martial and courts 
of inquiry, discipline and etiquette, rank and precedence of offi- 
cers, military badges and distinctions, shall be determined, as far 
as practicable, by military law and usage, and the custom of the 
-•army of the Confederate States. 

§1103. The provisions of this Code shall not repeal or super- code not to 
cede any rights, privileges or liabilities, attaching to any military i eg es of in- 

. ' . , . ' - -_. . , . corporated 

■organization by any Act of the Legislature, creating such orgam- companies, 
zation a corporate body ; but in all cases where volunteer compa- 
nies have been incorporated, they shall be called on by general 
order, published by the commander-in-chief, to report by the first 
•dav of Mav next ensuing: the date when this Code shall o;o into 
effect, and on failure to report, they shall be deemed to have sur- 
rendered their franchise as corporations, and shall be dropped 
from the roll and disbanded, nor shall they supercede any militia 
laws now of force that mav not be inconsistent with them. 



I 

214 PT. 1.— TIT. 11.— Public Defence. 



Chapter 8. — The Public Arms and Arsenals. 



CHAPTEK VIII. 

THE PUBLIC ARMS AND ARSENALS. 

Section. i Section. 

1104. The public arms — where kept. j 1110. City volunteers may use arsenaL 

1105. Persons receiving must give bond, j 1111. Deposit of gun powder. 

1106. Delivery of arms. j 1112. Military store keeper, &c. 

1107. Bond not required — when. ! 1113. Must give bond and surety. 

1108. Brigade inspector — his duty. I 1114. His duties. 

1109. Commissary general — his duty. i 1115. Penalty for violation of duty. 

Public arms § 1104. The public arms of the State are to be deposited in the 

kept. arsenals at Savannah and Milledgeville, as the public exigency 

may require, and at such other place as the commander-in-chief 

may order, or the General Assembly prescribe. 

Bond and §1105. Before arms and accoutrements are delivered to any 

surety to be ^ < ^ 

giyen. volunteer corps, bonds and sureties must be executed for their 
careful preservation and faithful return, according to law, paya- 
ble to the commander-in-chief, in such sum and under such other- 
regulations as he may prescribe. 

Delivery of § 1106. When such is done the commissary general shall draw 

his order on the keeper, who shall, without delay, deliver them. 

Bonds not § 1107. In case the public necessity requires it the command- 
required .,.« • 1 1 T -../,. f> .1 

when. er-m-cmei may permit the delivery or distribution ot arms with- 



out taking such bond, and may impose such terms as he may see 
proper. 
Brigade in- §1108. The brigade inspectors must examine into and report 
report. rt ° the condition of the public arms and accoutrements in their re- 
spective brigades, to the commissary general, by the first Monday 
in October annually. 
Kegiect of § 1109. When the commissary general is satisfied that any por- 
tion of such are being injured for want of proper care, he may 
prescribe such terms for their preservation as he may see fit, and 
may, in his discretion, have them returned to the arsenals, 
cityvoiun- §1110. The volunteer corps of any city of this State, where 
use arsenals, there is an arsenal, are permitted to deposit their arms there, pro- 
vided such does not interfere with the proper keeping of the arms- 
therein, and that all expense of so doing is defrayed by such corps. 
Deposits of § 1111. Gun powder shall not be deposited in any arsenal con- 
er *trary to any ordinance or by-law of the city where it is situated. 
Military § 1112. The Governor has power to appoint military store keep- 

ers, ers for such arsenals or other places where the public arms may 

be kept, who hold their offices for one year. 



\ 



PT. 1.— TIT. 11.— Public Defence. 



215 



Chapter 8. — The Public Arms and Arsenals. 



§1113. Before entering on the discharge ol their duties, all shall give 

.?. -i i i? • « -k i . • i i bond and 

military store keepers shall give bond and surety in such sum as the surety. 
Governor may order, and shall also swear faithfully to discharge 
the duties of their offices to the best of their skill and knowledge. 
§ 1114. It is their duty — 

1. To take into possession, and safely and nicely keep all the Duties of 

r J if £ military 

State arms, accoutrements, munitions or other State property st » re keep- 
committed to their care, to deposit them in the State arsenal, if 
in good repair, or in such other building as they may be direct- 
ed, and to keep such arsenal or building in proper order. 

2. To make annually, or oftener, if required by the Governor 
or commissary general, a report to the said latter named officer, 
of the number, kind and order of the arms and accoutrements ; of 
the condition of the munitions and other property in their keep- 
ing, including the condition of their buildings. 

3. To deliver to any officer or person having the order of the 
commissary general the arms or other property required, if in 
their possession. 

4. To obey all lawful orders, and to perform such other duty 
as the law may require. 

§1115. If such keeper shall violate any portion of his duty, Penalty for 
for each violation he forfeits twenty-five dollars of his salary, and dut ^ 
for unfaithful conduct or inefficiency, may be removed by the 
Governor. 



TITLE XII. 

EDUCATION. 



CHAPTEE I. 



THE UNIVERSITY OP GEORGIA. 



Section. 

1116. The University of Georgia. 

HIT. Name and style — may sue. &c. 

1118. Number of Trustees. 

1119. Board reduced below a quorum. 

1120. Powers specified. 

1121. Meeting — by whom called. 

1122. Trustee failing to attend, &c. 

1123. Disposition of stock subscribed for. 

1124. Trustees must report. annually. 

1125. Visitors — number and duty, &c. 



, Section. 

j 1126. Report laid before the Legislature. 

[ 1127. Officers — religion of. 

1128. Not required to take certain oaths. 

1129. Chancellor may attend Legislature. 

1 130. University may confer degrees. 

1 131. Graduates of Lumpkin Law school. 

1132. Preparatory school connected. 

1 133. Campus grounds reserved. 

1 1 34. Permanent income. &c. 

1 135. Former Acts not repealed by Code. 



■^ 



216 



■ 

PT. 1. 



I 

-TIT. 12.- 



-Edu 



CATION. 



Chapter 1. — The University of Georgia, 



University 
of Georgia 
and its gov- 
ernment. 



Name and 
style — may 
sue and be 
-sued. 



Number of 
Trustees. 



When the 
Board is re- 
duced below 
a quorum. 



Powers 

specified. 



Presiding 

officer. 



May elect 
professors. 



Course of 
studies. 



Establish 
schools. 



Books, 
Funds, &c. 



Expenses. 



§1116. The government of the University of Georgia, at 
Athens, is vested in a Board of Trustees, who are subject to the 
General Assembly. 

§1117. For such purpose they are a body corporate and politic, 
by the name of the "Trustees of the University of Georgia," by 
which they shall have a perpetual succession, have and use a com- 
mon seal, and be a person in law, able to plead and be impleaded, 
to hold and acquire real and personal estate, with power to lease 
and otherwise manage the same for the good of the University. 
All money or property granted by the State, or individuals, for 
the advancement of learning in general, is vested in such Trus- 
tees. 

§ 1118. Such Trustees shall consist of citizens of this 

State, any of whom shall make a quorum, with power to 

transact all business within their authority. 

§ 1119. If the Board shall be reduced to less than a quorum, 
the Governor shall till the vacancies until the quorum is complete, 
and then the quorum shall fill the remaining vacancies. 

§ 1120. They have power — 

1. To elect their own officers, such as President, Vice Presi- 
dent, Secretary, Treasurer, or such of them as they may require, 
and also all other officers they may deem necessary for their or- 
ganization. 

2. To elect a presiding officer of said University, who shall be 
styled "the Chancellor of the University of Georgia," and in 
case of a vacancy in his office, unsupplied, to create such office 
and make such arrangement for the conduct of the institution as 
to them shall seem meet. 

3. To elect or appoint professors, tutors, stewards or any other 
officer necessary, to discontiue or remove them as the good of the 
University may require, and to fix their salaries. 

4. To prescribe the course of studies to be pursued by the stu- 
dents, the terms and manner of graduating and of conferring all 
the degrees. 

5. To establish all such schools of learning or art as may be 
useful to the State, and organize the same in the way most likely 
to attain the ends desired. 

6. To call on all persons who may have, or have had, any funds, 
property, papers or books belonging to the University, to deliver 
them up and make settlements. 

7. To adjust and determine the expenses of the institution. 



PT. 1.— TIT. 12.— Education. 217 

Chapter 1. — The University of Georgia. 

S. To exercise any power usually granted to such in corpora- rowers usu- 
rious, necessary to its usefulness, and not in conflict with the Con- 
stitution and laws. 

§1121. The President of the Board and two of. its members Meetings of 

.. .. -, .. it . i j Hoard — how 

anay appoint a meeting at anytime, by giving to the others at called, 
least ten day's notice, by letter or otherwise. When the President 
<loes not act the senior trustee present shall preside, and in all 
other respects discharge his duties : when the board is divided the 
presiding officer shall give the casting vote, or may vote to make 
•a tie. A majority of the body present shall govern, if a quorum. 
^Nothing done at a special meeting shall be binding after the ris- 
ing of the next annual meeting, unless then confirmed. 

§ 1122. If any member of the Board, being within the State, Trustees 
shall fail to attend any two successive annual meetings, his seat £n d ng t0 at " 
becomes thereby vacant, unless he is specially excused by the 
Board for good cause shown. 

§1123. Such trustees shall never dispose of the stock by them shall not dis- 
subscribed for, except with the consent of the General Assembly, subscribed 
but the dividends therefrom shall be drawn and used as the va- 
rious demands of the University may require. 

§1121. It is the duty of such trustees to make an annual re- Trustees 
'port of their business to the Governor, which must embrace aSSuS^? 1 * 
statement of their expenditures and receipts on account of the 
University, the number and names of the students, their differ- 
ent studies, the tuition money and all information and sugges- 
tions which the Board may think conducive to the good of the 
University, and the cause of general education in the State. 

§ 1125. The Governor shall appoint annually ten citizens of special 
this State as a special Board of visitors to attend the University visitors— 
^examinations, preceding the annual commencements, and said pointed. 
'Committee, by three of their number chosen by them, shall report 
to the Governor with the least possible delay, the character of 
said examination. Such visitors shall receive for their services 
live dollars per diem, estimating from the date of their leaving 
their respective homes. 

§ 1126. The Governor shall lay the reports respectively, of the Report of 
Board of Trustees and the Board of Visitors, annually, before Trustees and 
the General Assembly, in connection with his annual message, 
with such comments as he may see proper, and when so done the 
General Assembly has power to revise and approve or reject the 
.action of the Board of Trustees. 



218 



PT. 1.— TIT. 12.— Education. 



Chapter 1. — The University of Georgia. 



officers shaii §1127. All officers elected or appointed for the University 

be of the c . rr J 

christian re- shall be of the christian religion, but no person of any religious 
denomination shall be excluded from equal advantages of educa- 
tion and the immunities of the University on account of their 
speculative sentiments in religion, or being of a different religious 
profession from the trustees or faculty. 
oaths re- §1128. The Chancellor of the University, its Professors and 

?he r charter. Tutors shall not be required to take certain oaths prescribed in 
its charter. 

§1129. The Chancellor has the authority to appear before the 
General Assembly once at each session, and address them in per- 
son, on the condition, interests and wants ot the University. 
§1130. The University may confer degrees as follows: — 

1. To each graduate of the University the degree of Bachelor 
of Arts. 

2. To each graduate of the University, or of another College 
of three years standing, or to such graduates as have passed a 
year in the University schools, all being of good moral character, 
the degree of Master of Arts. 

3. To all law students who have attended the lectures of the 
Professors, and are recommended by them for the same, the de- 



Chancellor 
may appear 
before the 
Legislature, 



Conferrin 
degrees. 



Law stu- 
dents may 
practice. 



gree of Bachelor of Laws. 

4. To the graduates of such medical school as may be estab- 
lished by the trustees of the University, the degree of Doctor of 
Medicine. 

5. To students in the University schools of two years standing, 
and proficient in two or more of them, the degree of Doctor of 
Philosophy. 

6. To persons distinguished for learning, ability and character, 
according to their respective vocations, the degree of Doctor of 
Laws, or of Divinity, and where appropriate, both. It may also 
confer such other degrees and honors as may tend to the promo- 
tion of the arts and sciences. 

§ 1131. Any law student having a diploma of graduation, sign- 
ed by the proper authority of the University, is entitled to plead 
and practice law in all the Courts of law and equity of this State, 
on the same terms of the graduates of the Lumpkin Law School, 
and all graduates of the Medical School of the University are en- 
titled to practice their profession in all its branches. 

§ 1132. By the authority of the Board of trustees there shall 
be established, in connection with the University, an institute 



PT. 1.— TIT. 12.— Education. 



Chapter 1. — The University of Georgia. 



combining; the instruction usually given in academies and to the Preparatory 

school in 

lower classes in Colleges, and by the same authority there may be connection 
a reduction of the number of years usually spent m Colleges pri- 
or to graduation. University schools for professional education, 
including the application of science to the industrial arts as well 
as to the more abstruse and recondite sciences, and especially for 
the promotion of medical and legal education, not omitting the 
application of chemistry to agriculture, and mathematics to civil 
engineering. 

§ 1133. There is reserved and set apart for the University cam- campus 

x * grounds not 

pus, not subiect to alienation, thirty-seven acres of the tract- of Buyout to 

t alienation. 

land donated to the University by the late Gov. John Milledge. 

§1134. The permanent income of said University, from its The perma _ 
bank stock shall not be less than eight thousand dollars annually, not less ?££" 
and when the dividends from the bank shall not be equal to said $800 °* 
sum the Governor is required to make up the deficiency semi-an- 
nually, by his warrant on the State Treasurer, for its payment 
out of any money not otherwise appropriated. 

§1135. The various acts of the General Assembly relative to Acts in reia- 
said University, in force at the time of the adoption of this Code, verei^ot 
if not embraced herein, and not inconsistent with what is so em- thEfcode, 7 
braced, are still of force. 



CHAPTEE II. 

GEORGIA MILITARY INSTITUTE. 



Section. 

1136. Superintendent — appointment, &c. 

1137. His rank in the volunteer force. 

1138. Absence — how supplied. 

1139. Military store keeper at Institute. 

1140. May be allowed extra pay — when. 

1141. In the distribution of arms, &c. 

1142. Inspectors — appointment and duty. 

1143. Visitors — appointment, &c. 

1144. Persons disqualified to act. 

1145. State cadets — how appointed. 

1146. How selected — vacancies, &c. 
114?. Transferred to pay list — when. 



Section. 

1 148. Shall teach 2 years after graduating. 

1149. Quorum of Inspectors may act. 

1150. Reasonable expenses allowed. 

1151. Shall appoint Sec'y and Treasurer. 

1152. Treasurer must report. 

1153. Inspectors report to the Governor. 

1154. Officers, &c. — ineligibility of. 

1155. Rules, &c. 

1156. Suits for or against the Institute. 
115*7. Expenses of State cadets. 

1158. Salary of the Superintendent. 

1159. Officers resigning without notice. 



§1136. The commanding officer of said Institute is styled the The super- 
Superintendent ; lie is chosen by the Board of Inspectors, and apprintmen& 
holds his office at their will and pleasure. He may appoint office. r 



a*0 FT. 1.— TIT. 12.— Education. 



Chapter 2. — Georgia Military Institute. 



all his subordinate military officers, subject to the approval of said 
Board, 
ins rank. 8 1137. By virtue of his office he is entitled to rank in the vol- 

conimission, . 

&c. unteer force of the State as Major, and to command the volun- 

teer battalion of which his cadets form a part, and shall be com- 
missioned bv the Governor accordingly. 



Absence of §1138. In the absence of the Superintendent from parade, or 
dent. or other times, his junior officers of the Institute take his place 

according to rank. 
Military § 1139. The Superintendent is, by virtue of his office, also mili- 

store keeper 1 %s j -it t i 

at the insti- tar y store keeper ot the public arms and accoutrements at the 
Institute, with power to appoint a subordinate, for whose conduct 
he shall be responsible. His powers and duties are the same as 
other Military store keepers, but he receives no salary, except for 
the safe keeping of a quantity of arms largely more than neces- 
sary for the Institution. 

May be ai- § 1140. Should the Governor place a large quantity of the pub- 

lowed extra u . , •• . . . " . 

pay— when. h' c arms in his keeping, he may allow him just compensation, 

not to exceed the salary of other military store keepers. 

in distribu- § 1141. In the distribution of the public arms, or any portion 

institute of them, the Military Institute must be first supplied, according- 
first suppli- . . . 

ea. to its necessities. 

Board of in- §1142. The affairs of the Institute shall be under the control 
thefr ap-~ of a board of ten Inspectors, to be appointed by the Governor, of 
Sduty! which the Governor shall be ex officio President ; the board may 
elect a President pro tern, to officiate in the Governor's absence. 
Three of the Inspectors shall be a quorum. It is the duty of said 
board to organize such departments for staff duty as may be ne- 
cessary to establish the rank and grade of all officers of the In- 
stitute, to appoint the State cadets, to fill vacancies in the aca- 
demic staff, and to make and ordain all regulations for the gov- 
ernment of the Institute, to cause to be kept a strict account of 
all moneys received and paid out on account of said Institute, 
and report the same to his Excellency the Governor, at the end 
of each session, together with the proper vouchers for the same; 
all of which, together with the report of the Superintendent, 
shall be by him laid before the General Assembly, at the regular 
session thereof in each and every year. 
visTtor^ a P - § 1143 - A Board of Visitors to the Institute shall be annually 
JJ.° c intment ' appointed by the Governor, as many as he may deem conducive 
to the interest of the Institute, not exceeding seven, who shall 






FT. 1.— TIT. 12.— Education. 



221 



Chapter 2. — Georgia Military Institute. 



meet annually at the institution, on such day and for such pur- 
pose as may he designated in the regulations. They shall report 
to the Governor such matters as they may deem advisable touch- 
ing said institution. 

§ 1144. Xo cadet who has been dismissed or expelled, or lias persons dis- 
deserted from the Institute, shall be a member of any Board members of 
connected therewith, nor any other cadet, until alter the expira- ' ' 
tion of three years from the date of Ids leaving the institution, 
except as an instructor. 

§1145. The Board of Inspectors shall appoint, by warrant, one stat0 eadet& 
cadet from each of the Congressional districts of the State, and J^tldT 
two from the State at large. They shall not be under fourteen 
or over twenty-five years of aere, and must be of insufficient 
pecuniary means to maintain and educate themselves at the insti- 
tution. 

§ 1146. They shall be taken in turn, from each county in the h ow seiec- 



district, until every county has furnished one, before any county del— Low"" 



filled. 



shall send another; vacancies shall be supplied from a different 
county than that from which the regular appointment came. If 
any of the districts shall fail to offer one applicant, or from 
reasonable objections there shall be no appointment from a dis- 
trict, the board, after giving due notice of such deficiency, shall 
till the vacancy from applicants already before them. The Board 
of Education in each county may select and recommend one ap- 
plicant from their several counties. 

§1147. If it should be ascertained, or should happen, that a a . . ,' 

o ' i r 5 State cadets 

State cadet, after his appointment, has sufficient pecuniary ability ^nsfen-ed 
to defray his expenses, he shall be transferred to the list of pay pay b e e a &!5 
cadets, and the vacancy shall be filled by another appointment. when - 

§1148. Every State cadet shall sign a written pledge of honor Mll8t teacu 
to act in the capacity of teacher in one of the schools of this gS?tinsf r 
State, after leaving the Institute, for a term of two years, unless \™ 0> 
excused for sufficient cause, by the Board of Inspectors, receiving- 
such compensation therefor as may be agreed on between himself 
and the authority of the school. 

§ 1149. A quorum of said Board of Inspectors are competent A quonim of 
to the transaction of all business, except making or changing the may act- 
rules and regulations, when a majority must be present. Their when heW- 
meetings shall be held at the Institute as often as may be neces- how flfied. 
sary. Vacancies in the Board of Inspectors must be reported to 
the Governor, who shall nil the same. 



222 PT. 1.— TIT. 12.— Education 

Chapter 2. — Georgia Military Institute. 

Expenses— § 1150. All reasonable expenses incurred by the members of 
both of said boards, in the discharge of their duties, shall be al- 
lowed them by the Governor, and paid by his warrant on the 
Treasury, out of any money not otherwise appropriated, but there 
shall be no salary, or per diem compensation. 

secretary § 1151. The Board of Inspectors, shall appoint a Secretary and 

andTreasur- ° . L ' . rr . J 

er— appoint- Treasurer of said Institute, and fix his compensation. He must 

inent, &c. . x 

give a bond and security, in the sum of five thousand dollars, to 
be approved by said board, a copy of which shall be sent to the 
Governor and filed in the Executive office. 
muTrTort § H52. Such officers shall quarterly render to the Superinten- 
^quarteriy. d e nt, and oftener if he requires it, a full statement of his receipts 
and disbursements, which shall be reported to the Board of In- 
spectors annually, or oftener, if required by them. 
inspectors §1153. Said board shall annually, and up to the first day in 

must report ° . 

to Governor. October, make to the Governor a written report of all the affairs 
of the institution, sending therewith the annual report of the 
Superintendent, and shall propose such alterations or improve- 
ments, as they may desire, which, together with the report of the 
Board of Visitors, shall be by the Governor laid before the Gen- 
eral Assembly, in connection with his annual message. 

ineligibility § 1154. An officer or professor of the Institute is ineligible as 
one of the Board of Inspectors or Visitors ; neither can either one 
of said Board be chosen to either one of said positions. 

Euies, &c„ §1155. The rules and regulations of the Board are subject to 

of the board. . „ „ . „ ta -ii 

the call oi the General Assembly, 
suits for or §1156. Suits for or against the Institute must be in the name 
institute, of the Board of Inspectors ; service on the Superintendent shall 

be sufficient. 

Expenses of §1157. The sum of two thousand dollars is annually appropri- 

— how pa\d. s ated to said Institute, to be used by the Board of Inspectors, in 

consideration of which ten State Cadets must be furnished, board, 

tuition, washing, fuel, light and medical treatment, free of charge, 

they providing their own room, furniture, clothing, &c, which 

sum is payable quarterly on the warrant of the Governor for 

that purpose. 

Salary of su- §1158. The salary of the Superintendent shall be paid by the 

perinten- « , P • i m * • • 

-dent— how btate out oi any money m the lreasury not otherwise appropri- 
ated, at the close of each session, by the warrant of the Governor, 
drawn on the Treasurer for that purpose. 

§1159. ISTo professor, assistant professor or the Superintendent 



PT. l.-^-TIT. 12.— Education. 



223 



Cliapter 2, — Georgia Military Institute. 



of said Institute, shall resign his office therein without giving the 
Board of Inspectors thirty days' notice of his intention so to do, 
and for a violation of the provisions of this section, such officer 
so violating shall forfeit to said Institute one fourth of his an- 
nual salary, to be retained on settlement. 



CHAPTEK III. 



ACADEMY FOR THE BLIND. 



.Section. 

1160. Location and organization. 

1161. A body corporate. 

1162. Power and duty of trustees. 

1163. Pupils — who entitled, &c. 

1164. How appointed. 

1165. Number — now regulated. 

1166. Pay pupils — how received. 

1167. Treasurer must give bond. 



Section. 

1168. Trustees must report to Governor. 

1169. Visitors — appointment and duty. 

1170. Powers of — must report. 

1171. Vacancies — how filled. 

1172. Statistics — how obtained. 

1173. List of indigent — by whom kept. 

1174. Former acts continued in force. 



1160. An institution for the education of the blind is located 



Location, 



at Macon under the control of seven trustees already appointed. tmy°hr CAd ~ 
§ 1161. They are a body corporate, and have all the powers Blind ' 

Trustees <x 

and duties appertaining to similar institutions of this State inbodycorpo- 
their corporate capacity as trustees of the Academy for the Blind. 

§1162. The trustees have the power — Powers of 

1. To appoint such officers, teachers and matrons as may be r 
necessary — to prescribe their duties, fix their salaries, and to re- 
move or discontinue them at pleasure. 

2. To prescribe the course of studies, establish the rates of tu- 
ition, and adjust the expenditures of the institution. 

3. To adopt such rules and regulations, not in conflict with 
law, as the interest of the academy may require. 

§1163. All indigent blind persons, residents of this State, be- what pupils 
tween the ages of seven and twenty-five years, shall be selected anTwV 
by the trustees from the different counties of this State, received lected ' 
into the academy, and supported and educated gratuitously to 
the extent the funds will permit. 

§ 1164. When there are more applicants than can be accom- Applicants 
modated, they shall be apportioned among the several counties, ^rdoned. 
according to representative population. Number of 

§1165. Unless the funds will otherwise permit, there shall E ls by egu " 
hereafter be but one indigent pupil from the counties applying, J^l oq 






224 FT. 1.— TIT. 12.— Education. 



Chapter 3. — Academy for the Blind. 



and in case there are not means enough to receive one from ever y 
county applying, those shall be received first who first make ap- 
plication. A beneficiary shall not remain at the charge of the- 
institution longer than four years. 

-lfowre- 8 §1166. All others than the indigent are to be received upon 

ceived. sncn f erms as the trustees may impose. 

Treasurer §1167. The Treasurer of the Board shall give bond and secu- 

must give . . , , -■ i -i -il 

bond. rity m the sum ot three thousand dollars. 

Trustees §1168. The trustees must make annual reports to the Gover- 

must report ° ^ 

to governor, nor . as j s required of the Board of Inspectors of the Military In- 
stitute, so far as applicable to the affairs of the Academy for the- 
Blind, and the Governor must make a like disposition of them. 

Eoardof §1169. The Governor shall appoint a Board of ten Visitors for 

said academy, who shall meet the Board of Trustees at the acad- 
emy annually, at such time as the latter may designate. 

Powers and §1170. The powers and duties of said visitors are the same as 

duty of vis- J - 1 . 

itors. those appointed for the Military Institute, and the same disposi- 

tion is to be made of their report, 
vacancy in § 1171. The trustees fill vacancies in their own body, as do the 
Tmstees— trustees of the Georgia University. When a vacancy occurs and 
piie<i. is filled, it must be reported to the Governor. Their ineligibility 
is likewise the same as of those last mentioned. 

statistics of § 1172. The Tax Receiver of each county must keep a column- 
blind — how , , t 
obtained, tor, and recen'e the numbers ot the blind between the ages of 

seven and twenty-five ; a statement of which shall be obtained 
annually, by said Board of Trustees, from the Comptroller Gen- 
eral's office. Before the digest is sent by the Tax Receiver to the 
Comptroller, the Ordinary of each county shall examine with 
such Receiver, his list of the blind, and correct by memoranda 
thereto attached any mistake. 
List ofindi- §1173. The Ordinary shall also take down the names of such 

gent blind. . ,.-,... i a i •> 

as are indigent, and procure their admission into the Asylum, it 
possible, and if from any cause they are not received, he shall re- 
port to the Board of Trustees the names, ages and sex of such, 
who shall keep a record of all such reports. 

§1174. Section 1135 (as to laws kept in force,) applies to the 
Asylum for the Blind. 






PT. 1.— TIT. 1*2.— Education. 225 



Chapter 4. — Academy for the Deaf and Dumb. 



CHAPTER IV. 

ACADEMY FOR THE DEAF AND DUMB. 

Section*. Section. 

1175. Located at Cave Spring-. 1180. Visitors may be appointed. 

1176. Trustees — how appointed, &c. 1181. Contracts — how made. 

1177. The Principal — how appointed. J 1182. Vacancy— how tilled. 

1178. Other officers — how appointed. Ac. | 1183. Chapter 3. of this title apply — when. 

1179. Exclusive power, &c. of Principal. 

§ 1175. The academy for the education of the deaf and dumb is Academyfor 
located at Cave Spring, and is under the management of three dumb, 
trustees. 

§ 1176. The trustees need not reside in the county where the itesidence of 

Officers. 

institution is located, but the Principal shall be required to re- 
side in the institution. 

§ 1177. The Principal of said Institution is elected bv said Board Principal— 

i - 1 - '' how elected, 

of Trustees. lie is responsible to them, and his acts subiect to andto ^°m 

L " responsible. 

their veto. 

§1178. Said Principal has authority to nominate all his subor- Subordinate 
dinate officers and employees, subject to the approval of the Board, regulations, 
He shall make all regulations of internal police ; shall authorize 
all purchases of ordinary supplies, and examine and certify to the 
correctness of bills of such supplies before paid by the Treasurer. 

§ 1179. He shall be the sole medium of communication between Exclusive 
the Board and the subordinate officers and employees of the in- duties of 

> Principal. 

stitution, and shall have the exclusive direction and control of the 
system of religious and intellectual instruction. 

§ 1180. The Governor may, in his discretion, appoint a Board of Board of 
Visitors, to consist of such a number as he thinks best, and when 
appointed, their rights and duties are the same as those of the 
visitors of the Academy of the Blind. 

§ 1181. No contract of said Board of Trustees shall be valid mi- contracts— 
less it is first recorded by the Secretary in a book kept for that valid. ,v 
purpose, signed by the President and countersigned by said Sec- 
retary. 

§ 1182. When a vacancy occurs in said Board, the Secretary or vacancy in 
any member, shall notify the Governor within twenty days, and Trustees— 
the vacancy must be filled within thirty days from said notice. 

§1183. All the provisions of the preceding chapter, not in con- provisions 
Hict with the preceding sections of this chapter, apply to the Acad- chapter ap - 
emy for the Deaf and Dumb — to its Board of Trustees and Visi- 
15 



226 ±"JL\ 1.— TIT. 12.— Education. 

Chapter 4. — Academy for the Deaf and Dumb. 

tors — its officers, and other officers of the State or county upon 
whom any duty is enjoined ; the words deaf and dumb being sub- 
stituted wherever the words " the blind," occur. 



CHAPTER V. 

COUNTY ACADEMIES. 

Section. I Section. 



1184. Trustees of County Academy 

1185. Yacancies — how filled. 

1186. Authority of Trustees. 



1187. School — how incorporated. 

1188. Liability of holder of funds 



Trustees of §1184. When it is not otherwise provided for, the Justices of 
dem?es— ca " the Inferior Court of the several counties have the power to ap- 
pointed, point trustees for any county Academy, whether incorporated or 

not, and to any number they may deem expedient. 
Vacancies— § 1185. When vacancies occur, and provision is not made as 
to the manner in which said vacancies are to be filled, such Jus- 
tices have power to fill the same in their respective counties. 

Authority of §1186. The authority of said Trustees, unless specially re- 
trustees. . . . n , « 
stricted, is to elect their teachers, fix their salaries and terms of 

office, prescribe the course of studies, manage the finances, adopt 
all such rules and regulations for the government of their re- 
spective institutions, as they may think prudent, if not in conflict 
with the laws, 
schools— § 1187. Any body of citizens, not less than three, nor more 
porated. r " than thirteen, may by application in writing to the Justices of 
the Inferior Court of their respective counties in term time, ob- 
tain the power to act as a corporate body in the conduct of any 
Academy, Institute or School by having all the powers of the 
same distinctly set forth, recorded under order of the Court and 
published three times in any public gazette within this State. 
Liability of § 1188. Any person holding Academy funds and failing to pay 

nolders of ° J r # & J & r J 

Academy over w hen bound, are liable to twenty per cent, interest from 
time of demand, and to be proceeded against by the Justices of 
the Inferior Court as against holders of county funds. 






PT. 1.— TIT. 12.— CHAP. 6.— Education. 227 

Article 1. — Educational Fund of the State — how made up. 

CHAPTEE VI. 

COMMON SCHOOLS AND EDUCATION OF THE POOR. 

.Article 1. Educational Fund of the State — how made up. 
Article 2. Educational Fund — how paid out by the State. 
Article 3. Educational Fund of the counties — how made up. 
Article 4. Educational Fund of counties — by whom managed.. 
Article 5. The Beneficiaries of the Educational Fund. 



ARTICLE I. 

THE EDUCATIONAL FUND OF THE STATE— HOW MADE UP. 

: Section. [Section. 

1189. From dividends on Bank Stock. j 1192. From donations. 

1190. Proceeds of W. & A. R. R. j 1193. Such donations — how managed. 

1191. Balances in the Treasury. j 1194. Earnings of W. & A. R. R., &c. 

§ 1189. The Educational Fund of the State is made up — Educational 
1. Of the dividends upon the capital stock of the State in the dMdendson 

Bank of the State of Georgia, the Bank of Augusta, and the 

"Georgia Railroad and Banking Company. 

§1190. From the net earnings of the Western & Atlantic From the 

net earnings 

Railroad, to be managed and disposed of as follows : of w & a. 

' P * Railroad. 

1. One hundred thousand dollars of said net earnings stand 
annually appropriated for such purpose, and all to remain with 
the State Treasurer until the Governor draws his warrant for the 
same, or any part thereof. 

2. In addition to said sum of money the whole of the net 
earning of said road is set apart as an Educational Fund to take 
effect in the following manner : 

As any portion of the present public debt is paid under the 
existing law from said earnings, the Treasurer shall issue script 
or Education Bonds certifying the amount, and that it is entitled 
to draw interest thereon from the treasury at the rate of six per 
cent, per annum. 

3. For any balance of said one hundred thousand dollars, that 
may not be drawn from the treasury at the close of each educa- 
tional year, the Treasurer shall issue a like certificate for said 
amount. 

4. Said script shall be in favor of the Secretary of State, as 
trustee of the Educational Fund, which together with the script 






228 PT. 1.— TIT. 12.— CHAP. (>.— Education. 



Article ] . — Educational Fund of the State — how made up. 



for Bank stock shall remain on deposit in the treasury to the- 
credit of the Educational Fund. The Treasurer shall issue to- 
said Secretary, from time to time, certificates of said deposits. 

5. Any amount of money that may at the time this Code goes 
into effect be loaned out, or on deposit under the act of Decem- 
ber 11th, 1858, shall be returned to the treasury, and appro- 
priated to taking up that amount of the public debt under the- 
provisions of this section. 

6, The Educational Fund thus raised shall be subject to ap- 
propriation by the General Assembly to any educational purpose 
in this State. 

Balances in §1191. From any balance that may be in the State Treasury 
reasry 'at the time of distributing the Educational Fund, over and above* 
the expenses, ordinary and extraordinary, of the State Govern- 
ment for the then political year. If said balance is not drawn 
out, scrip for it is to be issued and used as set forth in preceding- 
paragraph. 

Donation?. §1192. From any money donated by will, deed or otherwise- 
for such purpose. 

Donations §1193. In the case named in the preceding section, it is the- 

for Educa- t ,. , -, f ^ 

tion— how duty ot the Governor — 

1. Upon a tender of the sum so given or bequeathed in cash, 
to have the same deposited in the State Treasury, and the State- 
shall thereby become pledged for the payment of said sum ac- 
cording to the terms of the donation, and if thereby the interest 
alone is to be used, said interest shall be paid at the rate of six 
per cent, per annum. 

2. To issue scrip, or educational bonds therefor, to'the person 
named as trustee, and if none is named, then to the State's trus- 
tee of the Educational Fund. 

3. The interest to be payable in the same manner, and the 
fund to be managed as said Educational Fund, unless a different 
mode is prescribed by the donor, then according to said mode, if 
possible to be done. In no case, under the above provision, shall 
the State be liable to refund the principal thus paid into the 
Treasury. 

Earnings of § 1194. The appropriations of the net earnings of the State- 
may be 'di- Boacl, and of the balances in the Treasury, may be discontinued 
by the State, in whole or in part, by act of the General Assem- 
bly. 



PT. 1.— TIT. 12.— CHAP. C— Education. -1 l 



Article 2. — Educational Fund — how paid out by the State. 

ARTICLE II. 

THK EDUCATIONAL FUND— HOW PAID OUT BY THE STATE. 

-Section'. I Section. 

1195. A list of children, &c. \ 1198. County tailing to make returns. 

1196. Funds — how appropriated. ' 1199. Penalty for false return. 

1197. Warrant for School Fund. 

§1195. The Ordinary of each count}' shall annually, by the List of ch*- 
third Monday in November, report to the Governor, under his organTzedT 
hand and seal, the whole number of children in his county, as as- 
icertained from the Tax Receiver's digest, his own knowledge and 
the knowledge of the Grand Jury, as hereinafter set forth. 

§119(3. As soon as that is done, the Governor shall, on that Funds— how 

-1 . in » i -n i ' • -i -n i • apportioned 

day, make an estimate ot the amount ot the Educational J? unci in 
the Treasury, and of the number of children in each county, and 
make a, pro rata division of the same among the different coun- 
ties, according to the number reported from each. 

§1197. For the amount each county is entitled to, he shall Warrant for 

i • m • n » t r\ t SchoolFand. 

draw his warrant on the Ireasury m favor oi the several Ordi- 
naries for their respective amounts. The Treasurer shall pay 
the same to each Ordinary, or his order, taking a receipt for the 
same. If the Ordinary is not Treasurer of the Board of Ecluca- 
tion, the warrant must he in favor of said Treasurer, and the Or- 
dinary, in his report, must certify who is such Treasurer. 

§1198. If any county neglects to present a proper return to Fund tost by 
the Governor by the time prescribed, it loses its share in the make return, 
fund. 

§1199. If any Ordinary certifies to the Governor a greater Penalty for 

v <i j o excessive re- 

number of children than he is authorized to, he is guilty of mal- tlirn - 

practice in office, and may be indicted, and, if found guilty, may 

be fined and imprisoned in the discretion of the court. 



ARTICLE III. 

THE EDUCATIONAL FUND OF THE COUNTIES— HOW MADE DP. 



EJECTION. 

1200. School Fund of the county. 

1201. Tax for education — how levied. 

1202. When Grand Jury fail. &c. 



Section. 

1203. Wants of county to be regarded. 

1204. School Fund — to whom naid. 



230 FT. 1.— TIT. 12.— CHAP. 6.— Education. 



Article 3. — Educational Fund of the Counties — how made up. 

school Fund § 1200. The Educational Fund of the respective counties of this 

of counties— . 

how made State is made up oi — 

HP. 

1. The share of the State Fund which may be distributed to 
each. 

2. The amount raised by taxation for such purpose. 

3. The money arising from the sale of any escheated property. 

4. The money arising from fines and forfeitures over and above 
the charges upon it, and from the result of qui tarn actions,, 
where the whole or one-half goes to the State or county, and is.. 
by special enactment, directed to be paid to the Educational 
Fund. 

Tax for Ed- § 1201. The Justices of the Inferior Court of the several coun- 
?evied. ties have authority, upon the recommendation of the Grand 
Jury, to levy a tax upon the State tax, for educational purposes., 
of such per cent, as said Jury may recommend. 
Tax— how § 1202. If the Grand Jury, at the time they must recommend 
Grand Jmy the general county tax, fail to take any action in reference to 
commend." such tax, or if different Grand Juries of the same term, differ- 
ently recommend, said Justices may, in their discretion, levy 
a tax for such purpose, not to exceed twenty-five per cent, upon 
the State tax. If such Grand Juries recommend a different per 
cent., said Justices may levy the medium between the two ex- 
tremes. 
wants of § 1203. When the levy of said tax is entirely in the discretion 
tSded inie- of said Justices, they shall consult the other members of the 
Board of Education, to ascertain the wants of the county before 
doing so. 
school Fund § 1204. All moneys from all said sources are to be paid, when 
paM. hom collected by the proper officers, to the Ordinary, if Treasurer of 
the School Fund of the county ; if not, to said Treasurer. 



AKTICLE IY. 

HOW THE EDUCATIONAL FUND OF EACH COUNTY IS MANAGED. 



Section*. 
1205. For each county, <fcc. 
1-206. Board of Education— their duty. 

1207. Course of study prescribed. 

1208. Teachers must be examined. 

1209. How paid. 

1210. Previous accounts may be paid. 



Section. 

1212. Com. schools may be established, 

1213. Board failing to devise a plan. 

1214. Ordinary must give bond as Treas. 

1215. Additional bond may be required. 

1216. Treasurer failing to pay, &c. 

1217. Secretary of Board — who shall be,. 



211. Teachers' accounts — how made out. 1 218. Ordinary must report to Governor. 



PT. 1.— TIT. 12.— CHAP. 6.— Education. 231 



Article 4. — The Educational Fund of the Counties — by whom managed. 

§1205. The Educational Fund of each county is under the Board of Ed- 
management of a Board of Education, which board is to consist Jowo^an- 
of the Justices of the Inferior Court, the Ordinary and some lz 
other qualified citizen, to be selected by the Judge of the Supe- 
rior Court, presiding in said county. The person so selected 
holds the position for the term of four years, unless a vacancy oc- 
curs from any cause. The appointment and the filling of any 
vacancy by the said Judge, shall be entered on the minutes of 
the Superior Court. The person appointed to fill a vacancy 
shall hold for a full term. 

§1206. It is the duty of said board — Duty or 

1. To disburse the School Fund, for their respective counties, Education. 
in the manner that in their judgment will best promote the cause 

of general education under the law. 

2. To act by themselves, or a committee as a Board of Exam- 
iners, and examine all teachers, who participate in the School 
Funds, upon the elementary branches, and also upon English 
grammar and geography, if the teacher applying shall desire, 
and to give said teachers the proper certificates of their qualifi- 
cation. 

3. To publish, annually, the school system they may adopt, 
including the rates of tuition, in the public gazette, where their 
respective Sheriffs publish their sales, together with their receipts 
from different sources, and the items of expenditure. 

4. To meet once a month at the court-house, on the day the 
Court of Ordinary is held, and as often as may be necessary 
when called by either member of the board. 

§ 1207. By the term elementary branches is meant spelling, what 

... d x ° branches 

reading, writing and arithmetic, but children entitled to the beneficiary 

may study 

benefit of the School Fund may study English grammar and ge- 
ography, or any other study, provided the tuition does not then, 
nor in any other contingency, exceed the rates of sixteen dollars 
per annum. Under said permission, such children, who may be 
well educated in said branches mentioned, may, by special per- 
mission of the board, study exclusively at the same rates of tui- 
tion higher branches of utility, with any teacher competent to in- 
struct them. 

§1208. A teacher claiming pay out^ of the school fund shall certificate 
not be entitled thereto for any teaching done prior to his exami- t0 teachers 
nation before the Board of Education. When a majority of the 
board know of the competency of a teacher, they may give him 



232 PT. 1.— TIT. 12.— CHAP. 6.— Education. 

Article 4. — The Educational Fund of the Counties — by whom managed. 

the certificate without examination. Teachers shall be examined 
or receive the certificate whenever they apply. 
Teachers- §1209. Teachers must he paid quarterly by the Treasurer. 

how paid. , -, . i-i i-i i'. -i-i 'i 

when their accounts are passed by the board, provided there are 
funds; if insufficient funds, then all of equal dignity are to be 
paid jw rata. If, at the close of the .year, the school fund is not 
sufficient to pay all the teachers' accounts, duly passed, said ac- 
counts must be first paid, out of the funds raised for the next 
year. The rates of tuition should be so fixed by the Board of 
Education as to give all the children the benefit of the fund an- 
nually, who have the right of participation. Teachers who do 
not have their accounts passed on by the first of January, annu- 
ally, are postponed in their payment until the next year, unless 
there is a surplus fund. All teachers accounts for the year, and 
passed in the year, are of equal dignity, without regard to the 
time when the teaching was done. 
Accounts for §1210. Whenever the state of the funds will warrant it, per- 
years may sons who have, in good faith, taught poor children, prior to twen- 
when. ty-first December, 1859, and have not been paid, shall have their 
accounts passed by the Board of Education, and shall rank as of 
the year when so passed, but in no other case shall a teacher be 
paid, who has not the proper certificate. Two-thirds of the 
Board of Education may, however, order an account paid when 
the neglect to return is satisfactorily explained. The Legislature 
shall not interfere in such cases. Children who reside in one 
be paM by county, and go to school in another are to be paid for out of the 
S/cSd fund of the county of their residence; Provided, the teacher 
claiming the pay has a certificate from the Board of Education 
of the county where he teaches. 
Teachers ac- §1211. All teachers' accounts shall state the number of davs 

counts—how .,- ... /» • 

made out each child was taught, the studies pursued, and the rate of tui- 
tion claimed, which shall be sworn to. 
common § 1212. When the Educational Fund of a county, and the state 

be estabiTsh- of the population, will warrant it, the Board of Education of 
each county have authority to establish a common school, or 
schools, to name and limit the number of scholars, and fix the 
salary of teachers ; Provided, all the children of the county en- 
titled to share the Educational Eund are provided for, or there 
are means reserved for that purpose. 

§1213. If the Board of Education fail to devise any plan of 



FT. 1.— TIT. 12.— CHAP. 6.— Education. 



233 



.Article 4. — The Educational Fund of the Counties — by whom managed! 

•education, the laws of force prior to December 13th, 1859, are what laws 

govern in 

continued in force. absence of 

plan. 

§1214. If tike Ordinary of each county shall fail to give die ordinary 
bond required of him as Treasurer of the Board of Education, bond as 
said board has power to select some other responsible person to Treasurer. 
act as such, who shall give the requisite bond and security. 

§1215. The board may require of the Treasurer of the School Additional 

_, . ,J . . bond may be 

.Fund an additional bond, on the terms required by the Justices squired, 
of the Inferior Courts of other officers. 

§1210. If such Treasurer shall fail to pay out any School Proceeding: 
Fund, as required by law, on knowledge of such failure coming Treasurer 

> , -, -, in* • • • • . . f° r failure to 

to the board they shall issue a rule nisi against him, requiring pay. 
him to appear before them within ten days, to show cause for 
such failure, and upon failing to show good cause, the board shall 
order the Clerk of the Inferior Court to issue execution against 
him and His sureties ; said execution shall be directed to all and 
singular the Sheriffs of the State, and shall have the form and 
effect of a t&xfi.fa. issued by the Justices of the Inferior Court, 
and said fi. fa. shall claim twenty per cent, per annum interest 
from time of default. 

§1217. The Clerk of the Inferior Court shall be Secretary of secretary of 
the Board of Education, in the absence of the Ordinary or his Education 
>elerk, or when either is interested. 

§ 1218. The Ordinary shall furnish the Governor any informa- Ordinary 

. T-11 » i must report 

•tion he may desire, touching the plan o.t education in the county, to Governor. 
;and the number of children pursuing different studies, and shall 
annually, at the close of the educational year, report to the Gov- 
pernor what balance, if any, there is of the Educational Fund, 
and what amount was raised by the county from other sources 
than the State. 



AKTICLE Y. 

THE BENEFICIARIES OF THE .EDUCATIONAL FUND. 

Sectiox. |Sectiox. 

1210. Persons entitled to School Fund, i 1221. List may be corrected. 
1220. How ascertained and by whom. 

§ 1219. All children between the ages of six and eighteen years, Et entl " 
within their respective counties, are entitled to the benefits of 3Cho ° 
said fund, under the system that may be adopted by the respec- 



2& 



PT. 1.— TIT. 12.— CHAP. 6.— Education. 



Article 5. — The Beneficiaries of the Educational Fund. 

tive Boards of Education, but children of parents who are una- 
ble to educate them, children discarded by their parents, and in- 
digent orphan children, must first be provided for. 
roorcMi- §1220. Such last mentioned children must be ascertained as 

dren — how « ,, 
ascertained. IOiiOWS 

1. The Receiver of tax returns of each county shall require of 
each tax payer, when giving his tax returns, to state, under oath, 
the number of his children and children under his care, between 
the ages of six and eighteen years. 

2. As soon as the digest is compiled, the Ordinary shall select 
from the whole number the names of those who, from the pov- 
erty of their parents, or otherwise, have not the means of being 
educated, and shall add thereto such as are in the same condition 
within his knowledge, who have not been returned. 

3. The list returned by the Tax Receiver, together with the 
Ordinary's selection therefrom, shall be reported to any panel of 
Grand Jurors at the first Court held thereafter, and said Grand 
Jury shall examine said list, and ratify the Ordinary's selection 
in whole, or correct it according to their best judgment, and may 
also add to the lists such as they know have not been returned 
to them. 

4. If the Grand Jury at said Term fail to take definite action, 
the list of the Ordinary shall stand. 

5. When the list is finally made up, it shall be returned to the 
Board of Education, and be entered in the proper book by the 
Ordinary. 

6. Any person may, from time to time, report to said board 
the names of any poor children, not already reported, which, by 
order thereof, shall be added to the list. 

List maybe §1221. If the board is satisfied by proof that any children are 
corrected. Qn ^ ie list who are not entitled to be there, they have power to 
have them erased at any time, and to inform any teacher, or other 
person interested in their action ; Provided, the system of edu- 
cation they may have adopted renders it necessary. 



PT. 1.— TIT. 13.— Elections by the People. 



235. 



Chapter 1. — Qualification of Voters. 



TITLE XIII. 

ELECTIONS BY THE PEOPLE. 



CHAPTER I. 



QUALIFICATION OF VOTERS. 



Section. 

1222. Who may vote for Legislators. 

1223. Voters for other officers. 

1224. When one may vote out of county. 



Section. 

1225. Oath of voter out of his county. 

1226. Additional oath may be required. 

1227. Transferred voters. 



on 
for 



§1222. The qualification of voters for members of the Gener- Quaiacatk 

ox of voters i< 

al Assembly, is contained in the following oath, which mnst be gJJf^jJr* 
taken when any qualified voter of the State, or the managers of 
an election, require it : — 

"I swear that I have attained to the age of twenty-one years, voters oath, 
that I am a citizen of the Confederate States, and have usually 
resided in this county for the last six months, have considered 
and claimed it as my home, and have paid all legal taxes which 
have been required of me, and which I have had an opportunity 
of paying, according to law. So help me God." 

§1223. Persons qualified to vote for members of the General toreViy " 
Assembly, and none others, are qualified to vote for any other oThe/offf- 11 
officers, civil or military, unless said privilege be enlarged or re- cers * 
stricted by the constitution, or some special enactment. 

§1224. Any qualified voter for members of the General As- g^ 60 - 
sembly may vote for any candidate, or upon any question which J£rtof tEf 
is submitted to all the voters of the State, in any county of the J^jJ^JJ^* 
State, and for any candidate or question which is submitted to 
all the voters of any district or circuit, in any county of the cir- 
cuit, or district, in which is embraced the county of the voters 
residence. 

§ 1225. A voter, coming under the preceding section, may be under°iast tei 
required to take the same oath as voters for members of the Gen- section - 
eral Assembly, except, that instead of swearing to a residence in 
the county where voting for the last six months, he shall swear 
in lieu thereof, that he has usually resided for the last six months 
in the State, circuit or district as the case may be. superin- 

§ 1226. The superintendents may in their discretion, or if de- may require 
manded by a qualified voter, compel a person offering to vote, to Sat^denySfg 
also take this oath : S°? vole,i 



236 PT. 1.— TIT. 13.— Elections by the People. 



Chapter 1. — Qualification of Voters. 



" I swear, that I have not this day voted at any election held 
at any place in this State for any of the candidates, nor for any 
other person for any of the offices to be filled. So help me God." 
JbSSom' § 1227. When any county, or portion of a county, is changed! 
eoun d tyor Ct ' ^ rom one connt 7? or one district, or one circuit to another, the 
another to P ersons who would have been qualified to vote for members of, 
dMric n t! a ic? r tne General Assembly in the county, district or circuit, from} 
which taken, at the time of any election, shall vote in the county j 
district or circuit to which they are removed, and if required to 
swear, the oath may be so qualified as to contain this fact. Thisj 
provision when applicable, appertains also to military elections. 



CHAPTER II. 

ELECTION FOR MEMBERS OF THE GENERAL ASSEMBLY 



Section. 
1128. Holders of elections for Legislators. 

1229. Oath of Superintendents. 

1230. Before whom taken. 



Section. 

1235. Penalty against Superintendents. 

1236. Grand Jury to examine lists. 
1231. Election blanks — how furnished. 



1231. Election Precincts. 1238. Misconduct of managers. 

1232. Time of holding elections. j 1239. Voters exempt from civil process. 

1233. When freeholders may superintend. I 1240. Vacancies for Legislatm-e. 

1234. Elections — how conducted. 1241. Special elections — how conducted. 

superin- § 1228. The persons qualified to hold such elections are Justi- 

eiections for ces of the Inferior Court, Justices of the Peace and Freeholders, 
the Legisia- There must be three superintendents, and one must either be a 

turc. 

Justice of the Inferior Court, or a Justice of the Peace, except 
in a certain contingency hereinafter to be set forth, 
superin- § 1229. Before proceeding with the election, each superintend- 

tak e e oath.° ent must take and subscribe the following oath : 

"All, and each of us do swear, that we will faithfully superin- 
tend this day's election ; that we are Justices of the Inferior Court, 
Justices of the Peace, or Freeholders, (as the case may be,) of 
this county ; that we will make a just and true return thereof, 
and not knowingly permit any one to vote unless we believe 
he is entitled to do so according to the laws of this State, nor 
knowingly prohibit any one from voting who is so entitled by 
law, and will not divulge for whom any vote was cast, unless call- 
ed on under the law to do so. So help me God." Said affidavit 
shall be signed by the superintendents in the capacity, each acts 
in full, both as to name and station, and not bv abbreviation. 



PT. 1.— TIT. 13.— Elections by the People. 237 

Chapter 2. — Elections for Members of the General Assembly. 

§ 1230. Said oatli shall be taken before some officer qualified to oath of su- 

° , ■*' perintendent 

administer an oath if present, and it none such are on the spot, —before 

■*■ ■ ' t m x ' whom taken. 

and acting at the time required, then said superintendents may 
swear each other, and the oath shall be of the same effect as if 
taken before a qualified officer. 
§1231. Such election shall be held at the court houses of the Plates of 

i . ,i -, -i . , -i . holding elec- 

respective counties, ana it no court house, at some place within tion. 
the limits of the county site, and at the several election precincts oue re _ 
thereof (if any) establiseed, or to be established. Said precincts Jjjjj 1 ^ 
must not exceed one in each militia district. Such precincts are tlict 
established, changed or abolished by the Justices of the Inferior cSg^&c. 
Court at a regular Term of the Court ; descriptions of which must 
be entered on their minutes at the time. 

§1232. The day of holding the same, is the first Wednesday Elections 
in October, 1861, and biennally thereafter, and the time of diay wnaTday ~&, Q 
for keeping open the elections is from seven o'clock, A. M., to six w^ftobe 
o'clock,, P. M., at the courthouse, and from eight o'clock, A. M., 
to &£& o'clock, P. M., at the precincts. * -,<■■ c-'j. 

§1233. If by ten o'clock, A. M., on the day of the election, Three Free _ 
there is no proper officer present to hold the election, or there is superintend 
one, and he refuses, three Freeholders may superintend the elec- electlon - 
tion, and shall administer the oath required to each other, which 
shall be of the same effect as if taken by a qualified officer. 

§1234. All superintendents shall have such elections conduct- Manner of 
ed in the following manner : Section? 8 

1. The vote shall be given by ballot. vote by t*i- 

i i . 1()t - 

2. There shall be kept by the superintendents, or by three Listofvoters 

clerks under their appointment, three lists of the names of voters, JJeetsto be 
which shall be numbered in the order of their voting, and also kcpt ' 
three tally sheets. 

3. As each ballot is received, the number of the voter on the dumber of 
list shall be marked on his ballot before being deposited in the YOtcr ' 
box. 

4. When any voter is challenged and sworn, it shall be so voter efaai- 
written opposite his name on the list, and also on his ballot. 

5. The superintendents mav begin to count the A T otes at any vot«s not t<> 
time in their discretion, but they shall not do so until the polls candidate 

-i-..., -,.t. . , objects. 

are closed it a candidate in person or by written authority ob- 
jects. 

6. When the votes are all counted out, there must be a certifi- certificate of 
cate signed by all of the superintendents, stating the number of ents e . nntend 



338 PT. 1.— TIT. 13.— Elections by the People. 

Chapter 2. — Elections for Members of the General Assembly. 



votes each person voted for received, and each list of voters, and 
tally sheet, must have placed thereon the signature of the super- 
intendents. 
certificates, 7. The superintendents of the precincts must send their certifi- 
cated to cates, and all the other papers of the election, including the bal- 

the county . 7 ° 

site. lots, under the seal, to the county site for consolidation, in charge 

of one of their number, which must be delivered there by twelve 
o'clock, JVL, of the next day. Such person is allowed two dol- 
lars to be paid out of the County Treasury for such service. 

who are to 8. The superintendents to consolidate the vote of the county 

con soli clnfG 

the vote— must consist of all those who officiated at the county site, or a 

■their dntv 

majority of them, at least one from each precinct. They shall 
make and subscribe two certificates, stating the whole number of 
votes each person received in the county ; one of them, together 
with one list of voters and one tally sheet from each place of 
holding the election, shall be sealed up, and without delay mail- 
ed to the Governor ; the other with like accompaniments, shall 
be directed to the Clerk of the Superior Court of the county, and 
by him deposited in his office. Each of said returns must con- 
tain copies of the original oaths taken by the superintendents at 
the court house and precincts. 

Ballots not 9. The ballots shall not be examined by the superintendents or 
the bystanders, but shall be carefully sealed in a strong envelope 

ered to e ' (the superintendents writing their names across the seal,) and de- 
livered to the Clerk of the Superior Court, by whom they shall 

by him. be kept unopened and unaltered for sixty days, if the next Supe- 
rior Court sits in that time, if not, until after said term ; after which 

when de- time, if there is not a contest begun about said election, the said 

stroyed. 

ballots shall be destroyed without opening or examing the same, or 
permitting; others to do so. And if the Clerk shall violate, or per- 

Penalty of x . . ., -., x 

violation, nut others to violate this section, he and the person violating, 
shall be subject to be indicted, and fined not less than one hun- 
dred, nor more than five hundred dollars. Such clerks shall de- 
liver lists to liver said list of voters to their respective Grand Juries on the 
—penaityfor first day of the next term of the Superior Court, and on failure 
to do so, are liable to a fine of not less than one hundred dollar 



a 



on being indicted and convicted thereof. 



Penalty § 1235. If said superintendents do not deliver said lists and ac- 

intendents r " companiments to said clerks within three days from the day of 
the election, they are liable to indictment, and on conviction, 
shall be fined not less than fifty, nor more than five hundred dol- 



iail. 



V 



PT. 1.— TIT. 13.— Elections by the People. 239 



Chapter 2. — Elections for Members of the General Assembly. 



lars. Any superintendent of an election, failing to discharge any where su- 

. i « -i . i t «Tii ti t . perintendent 

duty required ot him by law, is liable to a like proceeding and »«• in any 
penalty. 

§ 1236. The Grand Juries shall examine said lists, and if any Grand j 
voter is found thereon, who was not entitled to vote, they shall 1 t i ° st e ^ amiH0 
present said illegal voter. If any person is suspected of voting Foreman 
for members of the General Assemby who was not entitled, but SJ 7 baK" 
was entitled to vote for some other candidate at the same elec- 
tion. The Foreman of the Grand Jury may examine the ballot, 
and that one alone, and lay it before the Grand Jury and return Presentment 

. . against su- 

it. If the superintendents fail to return as required, the lists and p«-intend- 

the ballots, they must be presented. 

§ 1237. The Governor shall furnish the several clerks of the B \. dnk& to be 

Inferior Court all blank forms necessary for said elections, which Governor b to 

they shall furnish the Justices of the Peace of their counties at 01erk ' 

least ten days before election day, and on failure to do so, shall 

be liable to a fine by their Courts not exceeding one hundred dol- negiectby 

t Clerk. 

lars. 

§ 1238. If the superintendents or officers of such election shall penalty and 
make a fraudulent return thereof, or they, or either of them, casesnper- 111 
while so officiating, shall influence, or attempt to influence or make ?iud- 
;persuade any voter not to vote as he designed, or shall take any tensor in- 
undue means to obtain a vote, they shall forfeit for the offence vote?, 
one hundred dollars, to be recovered by information, and if the 
person be a Justice he forfeits his office on proceedings for re- 
moval. 

§1239. ISTo civil officer shall execute any writ, or civil process, VoterTffee 
upon the body of any person qualified to vote at such elections wSue^gStog 
while going to, or returning from, or during his stay there, on jftJJ*!!?*? 
the day, under a penalty of five hundred dollars, to be recovered ""aneie?-* 7 
by action. A reasonable and full time shall be allowed for the Jy°J n ^mSr 
journey to and from the polls. for arrcst 

§ 1240. Elections to fill vacancies for members of the General™ 

o l wenty 

Assembly, take place under the authority of a writ of election, ^ ec tfont«, 
issued by the Governor to the Justices of the Inferior Court of JI™3; y rs 
the county where the vacancy occurs, who must order and pub- £j r e. egisla ~ 
lish a day for holding the same, by giving at least twenty days' 
notice. 

§1241. All the provisions of this chapter apply equally to Election3 
elections to fill such vacancies and any other special election. fi . u vacan - 

•' x cies, &c 



240 FT. 1.— TIT. 13.— CHAP. 3.— Elections by the People 



Article 1. — Provisions applicable to all. 



CHAPTER III. 

ELECTION FOR GOVERNOR, MEMBERS OF CONGRESS, ELECTORS FOR 
PRESIDENT AND VICE PRESIDENT, JUDGES OF THE SUPERIOR^ 
COURTS AND SOLICITORS GENERAL. 

Article 1. Provisions applicable to all. 

Article 2. For Governor. 

Article 3. For members of .Congress. 

Article 4. Electors for President and Vice President. 

Article 5. Judges of Superior Courts and Solicitors GeneraL 



ARTICLE I. 

PROVISIONS APPLICABLE TO ALL. 
Section 1242. Such elections — how conducted. 

Paiticuiars § 1242. The election for the officers heading this chapter are 

ill "wliich ^"^ 

elections for governed by the same rule as elections for members of the Gen- 
members 'of eral Assembly in the following particulars : 

Congress, i 

andforeiec- 1. In the oaths to be taken by the voters. 

tors for Pre- " 

sident and 2. In the class of persons to hold the elections and the oath to 

Vice Presi- *- 

dent are gov- be taken by them. 

erned by " 

same rules 3 # j n the places and the time of the day to hold them. 

as elections J- «/ 

oTtbeTe^is- ^* ^ n ^ ne manner of conducting and returning them including 
lature. ^\\ special elections, and in the duty of the Clerks of the Supe- 
rior Courts and the Grand Juries. 

5. In the several penalties attached to the superintendent or 
other persons. 

6. In the furnishing of blanks by the Governor. 

7. In all other respects where applicable, and there is not a 
contrary provision by law. 



ARTICLE II. 

FOR GOVERNOR. 

Section. I Section. 

1243. Governor's election. &c. I 1244. Return of vote for Governor. 

beSSSt* §124-3- The Governor is elected biennially, at the same time 
biennially. w ] ie n members of the General Assembly are regularly elected, 
bowfif&i. ano - a vacancy in the office is to be filled as required by the con- 



FT. 1.— TIT. 13.— CHAP. :L— Elections by the People. 241 



Article 2. — For Governor. 



stitution and the regulations of this Code elsewhere in conform- separate 

~ package 

ity thereto. wi f th c „ erti "- 

V cate of vote 

§1244. At the election for Governor a third package must he for .Governor 

o J ° to be sent by 

made up containing a certificate of the Governor's vote alone, mail, &c - 
together with the other papers of the election, as in the case of 
members of the General Assembly, which shall be directed by 
mail to "the President of the Senate of Georgia.' 1 



ARTICLE III. 

FOE MEMBERS OF CONGRESS. 

Section. Section. 

1245. Congressmen — when elected. ! 1248. Proclamation of result. 

. 1246. Elections for extra sessions. J 1249. Election in case of a tie. 

1247. Qualification of voters. | 1250. Commissions — when applied for. 

§ 1245. Members of the House of Representatives of the Con- Elections tor 
federate States Congress are elected at the same time that the congress. 
Governor and members of the General Assembly are regularly 
elected, by the voters of their respective Congressional districts. 

§ 1246. If an extra session of Congress should be called after Governor 

u ° , must order 

the expiration of the Congressional term, and before the next an election- - 

- 1 . when. 

regular time for holding such elections, the Governor must issue 
his proclamation ordering an election of such representatives for 
such extra session. 

§1247. Besides the qualifications required by the constitution, candidate 

x . must reside 

a residence of one vear next preceding- the dav of election in the «ne year m 

x ~ " _ district to be 

district where the candidate offers, is necessary to make him oOgm*. 
eligible to election. 

§ 1248. Within twenty days after the election the Governor Governor to 
shall count up the votes, and immediately thereafter issue his votes, &c. 
proclamation declaring the person having the highest number of 
votes, and otherwise qualified, to be duly elected to represent 
this State in the House of Representatives of the Confederate 
States, and for what period. 

§ 1249. If two or more persons, equally qualified, should have in ease of a 
the same number of votes, the Governor shall issue his procla-tion ordered, 
mation, ordering a new election, in not less than thirty days. 

§1250. If any person duly elected as aforesaid shall not with-Sjft™ 8 
in thirty days after the Governor's proclamation apply for his pl ^ f ? r C0IU " 

*j •] •*- x x i/ mission in 

commission, the Governor shall order a new election as prescribed tnirtvda > rs - 
16 



242 PT. 1.— TIT. 13.— CHAP. 3.— Elections by the People. 



Article 3. — For Members of Congress. 



in the preceding section, and vacancies for any cause are filled 
in like manner. 



AETICLE IV. 

ELECTORS FOR PRESIDENT AND VICE PRESIDENT. 
Section. 



1251. Presidential electors — when chosen 

1252. When and where to cast vote. 

1253. Vacancies — how filled. 

1254. Majority failing to meet. 



Section. 

1255. Electoral college — how organized. 

1256. Messenger to be chosen. 
1251. Pay of Electors and Secretary. 



Day of eiec- §1251. On the Tuesday after the first Monday in November, 
tors of Presi- 1861, and every sixth year thereafter, until altered by act of 

dent and J i • p t-» • 

vice Presi- Congress, there shall be an election for electors of President and 

dent. ~ 

Yice President of the Confederate States. 
Governor to § 1252. On the twentieth day after said election shall have 

consolidate ° '' 

nS™ the d ta ^ en P iace > ^ i s the duty of the Governor to consolidate the 
persons. several returns and immediately notify those persons of their 
election, who have received a vote amounting to a majority, and 
to require their attendance at the capitol on the first Monday in 
December thereafter to cast the vote of the State on the Wed- 
nesday following at twelve o'clock, M. 
ah, orama- §1258. In the event all, or a majority of said Electors may 
EiecUs not have received a majority, the Governor shall communicate 
<£ve g ama-" the fact to the General Assembly, if in session, and if not, he 
votes cast, shall issue his proclamation convening them in time to secure the 
vote of the State in the Electoral College. The General Assem- 
bly shall, by joint ballot, elect as many Electors as have not re- 
ceived said majority. If a majority of Electors have been cho- 
sen by the people, they may fill the remaining vacancies them- 
selves by ballot, which election shall be communicated to the 
Electoral Governor. If, when the Electors elected by the people, or by 

College may * x x ' '' 

des V &c n ~ * ne General Assembly, or some by each, convene at the Capitol, 

any of their number may not be present at the time specified for 

counting the vote, a majority of the elected may fill all vacancies, 

which shall be duly communicated to the Governor. 

on failure of § 1254. If a majority fail to attend by said Wednesday at noon, 

Sectors to frohi providential cause, those who do attend may adjourn from 

attend, &c. ^ a y ^ ^ a y £ Qr ^. en ^ays, and if a majority is not present at the 

expiration of that time, the Governor shall convene the General 

Assembly on ten days' notice, who shall fill the vacancies by 

election. 



PT. 1.— TIT. 13.— CHAP. 3.— Elections by the People. 243 



Article 4. — Electors for President and Yice President. 



§ 1255. The Electors, when assembled to cast the vote, shall Electoral 
choose a President of their body from their number, and a Sec- choose a 
retary not of their number ; said Secretary shall make a record &c. 
of their proceedings in a book from the Executive Department 
kept for that purpose. 

§ 1256. Such Electors shall elect, by a majority vote, a Mes- Electoral 
senger to convey the vote of Georgia, and shall, in regard to that choo^a ° 
and all other matters, proceed, according to the acts of Congress, l 
in such cases made and provided. 

§1257. The pay of Electors shall be eight dollars per day for Pay and 
ervery day required in remaining at the Capitol on their mission, Electors, l 
and eight dollars for every twenty miles in going to and return- 
ing therefrom, said mileage to be computed as that of members 
of the General Assembly. The pay of the Secretary shall be one an d f their 
hundred dollars, all of which is to be paid either out of the con- ecreta * y - 
tingent fund or out of any money in the Treasury not otherwise 
appropriated in the discretion of the Governor. 



xlETICLE Y. 

JUDGES OP THE SUPERIOR COURTS AND SOLICITORS GENERAL. 

Section. ] Section. 

1258. Judges — when elected. \ 1261. New election — when ordered. 

1259. Proclamation of result. ! 1262. Solicitors General — when elected. 

1260. Oath of Judges — how taken, &c. i 1263. Must give bond. 

§1258. The election for Judges of the Superior Court takes Time of 
place on the first Wednesday in January next preceding the expira- judges su- 

...■», i . . . perior Court. 

tion ot their commissions. 

§1259. The Governor, together with the Secretary of State, Governor 

U n 4 • i < pit- r j and Secreta- 

snali, within twenty days alter the election, count the votes, and iy of state to 

• i /» • i • • countthe 

shall, immediately thereafter, issue his proclamation declaring votes, &e. 
the person receiving the highest number of votes for Judge in 
each circuit to be elected, and also requiring said person elect to 
appear before him, or two or more Justices of the Inferior Court 
of the county of his residence, to take and subscribe the oaths of 
office, unless otherwise specially permitted. 

§1260. When said oaths are taken before the Justices afore- Dut of 
said, they shall be entered, by the Clerk of the Inferior Court of £^ £f ^/ t 
such county, on their minutes, and they shall transmit, under &c - 
their hands and seals, to the Governor, copies of the same, with- 
out delay, when the commissions shall be issued. 



244 FT. 1.— TIT. 1:3.— CHAP. 3.— Elections by the People 



Article 5. — Election for Judges of Superior Court and Solicitors General. 

office de- &12M. If the person elect shall fail to appear and take the 

dared va- i • V . *" V* . -. ? i i j-» • i t 

cant, &c. oath withm thirty days from the date ot said proclamation, un- 
less providentially prevented, the Governor shall declare said of- 
fice vacant, proceed to fill the vacancy, and, by proclamation, or- 
der another election to take place within thirty days from the 
date of his proclamation for said purpose. 

Election for §1262. Solicitors General are elected .on the first Wednesday 

Solicitors . . , " 

General. m J anuary next preceding the expiration ox their commissions. 
Governor to § 126o. The Governor shall proclaim the election of Solicitors 

declare who ' J 

is elected. General in the same manner that he does that of .Judges, with 
a .. j? the difference that he shall require them to execute, before such 

Solicitors to ... 

sive bond. Justices, to be approved by them, their official bonds, which shall 
be, by said Clerk, transmitted to the Governor, together with a 
certified copy of the oaths from his minutes. 



CHAPTER IV. 

FOR JUSTICES OF THE INFERIOR COURT, ORDINARY AND COUNTY 

OFFICERS. 

Section. Sectiox. 

1264. Election of county officers. Ac. 1267. County Treasurer — when elected.. 

1265. Ordinaries and J. I. C's., &c. 1268. Election of other county officers. 

1266. Other officers — when elected. j 1269. Notice of election — how given. 

Elections for §1264. Article I of Chapter III, Section 1242, applies to the 
tenor court, officers whose elections are provided for in this chapter. 
Time of §1265. Justices of the Inferior Court, and Ordinaries, are 

" 0Clon ' c - elected on the iirst Wednesday in January next preceding the 

expiration of their commissions. 
Time of §1266. Clerks of the Superior and Inferior Courts, and Sher- 

er county ' iflfs, Tax Collectors, Tax Receivers, County Surveyors and Coro- 

ners, are elected on the same day and month mentioned next 

preceding the expiration of their commissions, 
county § 1267. County Treasurers, where elected bv the voters, are 

Treasurers. . 

&c. eiected at the same tune, annually. 

General pro- §1268. The election of any officer not mentioned, whose du- 

timeofeiec- ties are entirely of a county nature, shall be elected at the same 

tion, &c. . , , . . , , , 

time, unless otherwise provided tor. 
cierk of in- § 1269. When either of the officers mentioned are to be elected, 
Jo^venS- the Justices of the Inferior Court shall cause their Clerk to give 
Jlot° ° " thirty days' notice of the officers to be elected, and the time of 

the election, which shall be advertised at the door of the court- 



FT. 1.— TIT. IB.— Elections ev the People. i345 



Chapter 4. — For Justices of the Inferior Court, Ordinary and County Officers. 



bouse, and also in some public gazette printed in the county, if 
any. 



CHAPTER Y. 

FOR JUSTICES OF THE PEACE AND CONSTABLES. 

■Section. [Section. 

1270. Election of Justices of the Peace. : 12*73. Election — how regulated. 

1271. How superintended. '< 1274. Election of Constables. 

1272. Returns — how made. : 1275. Constable's election. &c. 

§ 1270. Justices of the Peace are elected on the first Saturday SJjrfjw?" 
in January next preceding the expiration of their commissions, pc*«°&^ 
by the voters of their respective districts, provided they have re- 
sided in the district as much as thirty days, immediately prece- 
ding the election, and are otherwise qualified. The election must 
be held at the place of holding Justices' Court for the district ; election. 
if none, then at the election precinct ; if no election precinct, 
then at some place in the district named by the Justices of the 
Inferior Court, of which ten days' written notice must be given 
in the district. 

§1271. Such elections shall be superintended by three free-^Sfiteid 
holders of the district, who shall take the oath required in chap- elections - 
ter second of this title, section 1229. 

§1272. Said superintendents shall transmit one return of said ueturns-to 

x whom made. 

elections to the Governor, and another to the Clerk of the Supe- 
rior Court of the county, who shall keep the same on file. The 
ballots shall be likewise sealed up, and the number of the district sealed, *c, 
marked thereon and delivered to such Clerk. 

§ 1273. The laws governing the elections for members of the Eiections- 

o o how govern - 

General Assembly, govern in the elections of Justices of the Peace, ed - 
whenever they may be applied, and are not inconsistent with 
those of this chapter. 

§ 1274. Constables are elected on the same day, month and 2S£?d£-" 
place that Justices of the Peace are, and by the same class of ?£j ffjg* 
voters, once in two years. fice> 

§ 1275. Their elections are to be conducted in the same man- Justice of 
ner as those of Justices of the Peace, with the exceptions that — preside at l 

1. A Justice of the Peace must be one of the persons presiding election if 

not 3 cstncli - 

at a constables election, if there is one in commission to be had, dat0 - 
and he is not a candidate at the same election. 



246 PT. 1.— TIT. 13.— Elections by the People. 



Chapter 5. — For Justices of the Peace and Constables. 



Returns to 2. The returns must be made to Clerk of the Inferior Court 

be made to 

Clerk Infe- of the COlUlty. 



rior Court. 



CHAPTEK VI. 

CONTESTED ELECTIONS. 

Section. ; Section. 

1276. Elections— how contested. j 1279. Set oft" of illegal votes. 

1277. In case of Legislators. i 1280. Contests of Bailiffs' elections. 

1278. Ballots may be examined. [ 1281. "What defeats election. 



S^sefoF § 1^76. When the election of a person by the people to any 
elections office requiring a commission from the Governor is contested the 
proceedings are — 

1. The adverse party shall have five days' notice in writing of 
the intention to contest, and the grounds of the contest. 

2. The notice shall, state the time and place where the con- 
testant intends to take testimony, and the names of the wit- 
nesses, if any. 

3. The elect shall give like notice of the time and place where 
he intends to take testimony, and the names of witnesses, if any. 

4. Either party may appear by himself, or attorney, or both, 
and cross-examine the witnesses. 

5. At the time of taking testimony any judicial officer of the 
county where the testimony is taken may preside to preserve 
order, to swear the witnesses, and to see that the testimony 
is fairly and impartially taken down, but all the testimony 
oifered must be written down. Said officer has the power to 
subpoena witnesses and compel their attendance, if in the State, 
and to issue commissions to take testimony of persons out of the 
State, and to adjourn from day to day. 

6. All the papers and proceedings, or copies of them, must be 
transmitted to the Governor, certified to by the presiding officer,, 
or agreed to by the parties. 

7. When the Governor has notice of an intention to contest 
he shall not issue the commission until the contest is decided, or 
the time has elapsed for it to begin. 

8. Both parties may appear by themselves, and counsel, and 
be heard before the Governor, who shall have both notified of 
the day when he will hear the contest. 



PT. 1. — TIT. 13. — Elections by the People. 247 



Chapter 6. — Contested Elections. 



9. Testimony going to prove the illegality of a vote, and the 
want of qualification in a voter, must be taken within thirty 
days from the day of the election. 

10. No proceedings can be begun to contest an election after 
the Governor has issued the commission. 

.§ 1277. The proceedings to contest the seat of a member of Proceedings 
the General Assembly are the same, and may be transmitted to TmTmber of 
the Governor, who shall send the same immediately after the or- i S e contest!£. 
ganization to the presiding officer of the House, where the con- 
test lies, or may be sent direct to such presiding officer. 

§1278. When an election is contested, on the ground of ille- when sus- 
gal votes, any of whom it is claimed on affidavit can probably FoTs may be 
be proven by resort to the ballots, specifying what ballots, it is e3 
the duty of the Clerk of the Superior Court to deliver the same, 
together with the list of voters, to the person who presides at the 
taking of testimony, who shall examine said suspected ballots, 
and none other, and have put down as part of the testimony 
their contents, and all other testimony attacking and defending 
their legality. 

§1279. Illegal votes by the method aforesaid, and otherwise, IUegal votes 
may be proven by both parties, and if such are proven on both other fnd 1011 
sides one shall stand against another, and he is elected who has number of 
the greatest number of legal votes. All are considered legal, not e e ifcts™&c b 
proven to be illegal. 

§1280. In all elections for constables, corporation officers, or who decides 
other officers not provided for above, contests as to elections shall constables 1 
be heard before and decided by the Court or persons who by law e 
issue the certificates of election. For each day an officer pre- Compensa . 
sides in hearing such contest he shall receive two dollars d^nC!" 
to be paid by the losing party, and for which such Justice may 
issue &fi. fa. . 

§1281. 'No election shall be defeated for non-compliance with Election not 
the requirements of the law, if held at the proper time and place Ion of formal 
by persons qualified to hold them, if it is not shown that by that 
non-compliance the result is different from what it would have 
been had there been a proper compliance. 



PT. 1. — TIT. 14. — Elections by the General Assembly. 



Chapter 1. — For Confederate States Senators. 



TITLE XIY. 

ELECTIONS BY THE GENERAL ASSEMBLY. 



CHAPTEE I. 

FOR CONFEDERATE STATES SENATORS. 
Section' 1282. Election of Senators to Congress. 

a , . § 1282. The elections for Senators in the Confederate States 

Senators m " 

SSenefect- Congress from this State, shall be held by the General Assembly 
ed - during the sitting or session which immediately precedes the be- 

ginning of the term which they are to fill. 



CHAPTEE II. 

FOR OTHKR OFFICERS. 

Section. j Section. 

1283. Judges of the Supreme Court. &c.| 1284. All elections by Legislature — wher. 

Time of §1283. The Judges of the Supreme Court, the Secretary of 

judgSu- State, the Comptroller General, Surveyor General, the State 
preme Court Treasurer, Printer, and Bank Directors are elected by the same 

rule as to time. 
Legislature § 1284. All officers created for the service of the State, the 
officers* &c. election of which is not given to the people, or some other tri- 
bunal, are elected by the General Assembly in the same manner 
and time as the officers elected bv them. 






PT. 1.— TIT. 15.— CHAP. !.— Police Simulations, &c\ 249 



Article 1. — The Trustees. 



TITLE XV. 

POLICE AND SANITARY REGULATIONS 



CHAPTER I. 

LUNATIC ASYLUM. 

Article 1. — The Trustees. 

Article 2. — The Superintendent. 

Article 3. — Admission and disposition of Patient- 



ARTICLE I. 

THE TRUSTEES. 

Section. j Section. 

1285. Management of Asylum. i 1288. Officers — how appointed. 

1286. Trustees — how appointed. j 1289. Bond of Treasurer. 

.1287. Authority of Trustees. j 1290. Annual Report of Trustees. 



LunatK 



urn 



trustees. 



§1285. The State Lunatic Asylum at Midway, near MOledge- ]yS 
ville, is solely the property of the State, and is under the man- 
agement of three trustees. 

§1286. Said trustees are biennially appointed, by the Gover- ^Jjfjjf" 
nor, on the first Monday in December, and in such manner that t™ 8 ^^ 
one of the trustees shall be continued in office for a second term, 
;that there may be always one member of the board who has ex- 
perience in the affairs of the Asylum. 

§ 1287. They have authority — Authority of 

1. To prescribe all the rules and regulations for the manage- 
ment of the institution, not conflicting with the law. 

2. To appoint all the officers, point out their duties, and fix 
•their salaries. 

3. To create such other offices, and select the incumbents, if in 
•their judgment such is necessary to an efficient administration. 

4. To remove from office, when the incumbents fail to dis- 
« charge well their duties, or are guilty of anv immoral or unfaith- 
iul conduct, and cause to be prosecuted any officer, or other per- 
son, who shall assault any inmate of said institution, or use to- 
wards such anv other or greater violence than the occasion mav 
require. 

■5. To hold in trust, for said Asylum, anv grant or devise of 






250 PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, &c. 

Article 1. — The Trustees. 

land, or bequest or donation of money, or other property, for the 
general use of the institution, or the particular use delined. 

G. To visit the institution monthly by at least one of the board, 
semi-annually by a majority, and annually by all of them, at 
such time as they may agree upon. 

7. To purchase servants for the Asylum, when, from long em- 
ployment, or otherwise, they are known to possess such qualities 
as render them peculiarly valuable to the institution ; Provided^ 
there is sufficient of the States's appropriation, after paying the 
necessary expenses out of the general appropriation, for such 
purpose. 

8. To bring suit, in their names, for any claim the institution 
might have, whether arising upon contract or tort. 

other offi- § 1288. The officers of the Asylum, appointed by the trustees, 

cers appoint- ~ . , A -,-.. . . ' m 

edbythe are a bupermtendent, an Assistant Physician, a lreasurer, a 

"trustees. 

Steward, Assistant Steward, and Matron, whose salaries are paid 
quarterly out of the annual appropriations. 
Bond of 8 1289. The Treasurer must give bond and security in the sum 

Treasurer. 

of five thousand dollars. 
Annual re- § 1290. At the close of each fiscal year, which terminates on 

port of trtts- u '■ ,J . 

tees. the first day of October, the trustees shall make to the Gover- 

nor, to be by him laid before the General Assembly, in connec- 
tion with his annual message, a full report of the condition of 
the Asylum, in all its departments, including its receipts and dis- 
bursements, with such suggestions as they may think proper to 
make. 



ARTICLE II. 

THE SUPERINTENDENT. 



Section. 
1291. Must be a Physician. 



Section. 
1292. Duty of Superintendent. 



ties. 



superinten- §1291. The principal officer of said Asylum is the Snperin- 

dent of Asy- ° . . . 

inm. tendent, who shall be a skillful physician. 

Superinten § 1292. It IB his duty 

dent's du- ° «/ 

1. To reside constantly on the premises, and devote his profes- 
sional services exclusively to the use of the Asylum, for which 
purpose he must be furnished with a suitable residence. 

2. To take charge of, and exercise control, subject to the trus- 
tees, over every department of the institution , ajid have control 



PT. 1.— TIT. 15.— CHAP. 1.— Police Peculations, etc. 251 



Chapter 2. — The Superintendent. 



over all resident officers, attendants, and servants employed 
therein. 

3. To discharge all duties any way connected with the restora- 
tion to health, or sanity of the inmates. 

4. To make an annual report to the trustees, on the first day 
of October, of all the affairs of the institution under his super- 
vision. 

5. To perform any other duty necessarily connected with his 
position under the law. 



AETICLE III. 

THE ADMISSION MANAGEMENT AND DISCHARGE OP PATIENTS. 




Section. 

1293. Who may be inmates. 

1294. Inmates — how classified. 

1295. Apartments of Asylum. 

1296. Georgians preferred. 
1291. Georgia pay -patients. 

1298. Non-resident pay-patients. 

1299. Pay-patients classified. 

1300. Certification of pauper patients. 

1301. Support of pauper-patients. 

1302. Paupers to pay — when. 

1303. Clothing, &c. of discharged paupers. 



Section. 

1304. Inmates may be tried. 

1305. Trial — how demanded. 

1306. Admission of inebriates. 
130T. Inebriates — how kept. 

1308. Insane slaves, &c. 

1309. Insane convicts. 

1310. Convicts — how supported. 

1311. Cured convicts — how disposed of. 

1312. Uncertified patients. 

1313. Re-commitment of inmates. 

1314. Insane criminals. 






Classifica- 
tion of in- 
mates. 



§1293. Persons who may become inmates of said Asylum, are who may be 
either lunatics, idiots, epileptics or demented inebriates. Asyium. 

§ 1294. The inmates are divided into the following classes : 

1. Pay or pauper-patients residents of this State. 

2. Pay-patients being non-residents. 

3. Insane Penitentiary convicts. 

4. Insane negroes, in certain cases. 

§ 1295. The Trustees of the Asylum shall see that proper and Asyium to 
distinct apartments are arranged for said patients, so that in no inVJpart- 
case shall the negro and the white person be together, nor the 
Penitentiary convicts with either, and males and females shall be 
kept separately. 

§ 1296. Citizens of our own State shall have preference to non- Georgia i D - 
residents when at the time of the application all cannot be ac- Stored. pre 
commodated, and if such a contingency should happen, it must 
be reported to the Governor without delay, who shall communi- 
cate the fact to the General Assembly. 






252 PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, &c. 



Article 3. — The Admission, Management and Discharge of Patients. 

Eesidentpay § 1297. A pay-patient resident of this State shall not be admit- 

patients— ° r .J r , . . , 

how admit- ted unless accompanied by authentic evidence of lunacy, accord- 
ing to law, or there is produced the certificate of three respecta- 
ble practicing physicians, well acquainted with the condition of 
the patient, or one from such physicians, and two respectable citi- 
zens, stating the cause of the application. 

Non-resi- § 1298. A pay-patient not a resident of this State shall not be 

dent pay pa- i •'* . 

tients— how admitted unless accompanied bv an authentic record of a convic- 

admitted. x 

tion of a malady, which by the law of "this State, is a ground of 
admission, from a Court having jurisdiction, or shall produce a 
certificate like that required in this State, together with the cer- 
tificate of the Judge, having jurisdiction, who shall state official- 
ly, that the certificate of said physicians and other persons, are 
genuine and entitled to full credit. And shall then not be re- 
ceived until the payment of expenses are secured. 
Pay patients § 1299. Pav-patients mav be divided into different classes, ac- 

may be clas- ■* • -i • i -i -i • 

sifiea. cording to the accommodations desired, and their means ot pay- 
ing. 
Pauper pa- § 1300. When a person has been convicted of a malady requir- 
how they are ing him to be committed to said Asylum, it is the duty of the Court 
presiding at the trial, to certify if said person be a pauper. He 
shall not be certified a pauper, unless in whole, or in part sup- 
ported by the county, or the county is bound for his support un- 
der the law. If there are persons who by law are bound, and 
able to support him, the names of such persons must be given. 
If the person has means enough to support himself in part, the 
amount of such means must be stated, and must be paid toward 
his support. 
Pauper pa- §1301. A certificate of pauperism, entitles the person to be 
portSi S by" supported at the expense of the State. Those for whose support 
the state. t ners are bound, must be furnished with suitable support by the 
State, and the expense collected out of such other persons by the 
trustees. 
Pauperism § 1302. If a patient committed as a pauper, or as of limited 
tient must means, becomes entitled to an estate, said estate is bound for his 

defray ex- . 

penses. support according to its value, and whoever holds it, may be com- 
pelled to secure to the Asylum its proper charges, or to turn 
over to the trustees the property to be held for such purpose. 

Discharged § 1303. A pauper patient shall not be discharged from the Asv- 

pauper pa- . 

tient, must lum without proper clothing, and a sum of money necessarv to 

be clad, <feo. x r &7 , < 



. 



PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, &c. 253 

Article 3. — The Admission, Management and Discharge of Patients. 



carry him to his residence or the county from whence he was 
sent. 

§1304. If before or after admission of a pay-patient, resident Trial of i™ 
or non-resident by certificate, the person alleged to be a lunatic, demanded 
or his friend, or relative, may make a demand of the superintend.- c ' 
ent for a trial of the question of lunacy by Jury, which shall be 
had without delay, according to law, in the county of Baldwin. 

§1805. The like demand and trial may be had by all patients How trial 

° . . lunacy may 

who have been convicted of lunacy, if the person demanding it, be demand- 
being relative or friend, will make an affidavit that he believes 
the alleged cause of commitment did not, and does not exist, and 
that the conviction was obtained by fraud, collusion or mistake. 
The same right exists when there is an affidavit that the cause of 
commitment has ceased to exist, and there is a refusal by the su- 
perintendent to discharge after demand made. 

§ 1306. When by a provision of this Code section ( ) a person inebriates 
is declared to be an inebriate and incapable of managing his prop- mitted. ' 
erty, such person by his own consent, if capable, and if incapa- 
ble, by the consent of his nearest relative, or when a person is 
not so declared, but has the certificate of three physicians, and is 
himself willing, such person may be received into said Asylum ; 
allowed the use of apartments devoted to him, or such as are 
suitable, and be treated as a patient thereof. 

1 1307. Such patients shall never be placed in company with inebriates- 
any other class of patients without their consent, nor placed in 
confinement, unless they are dangerous to themselves or others, 
nor detained against their consent in the institution. When con- 
sent is necessary, they must be capable of consenting ; they must 
pay for their support as pay patients. 

§ 1308. Apartments must be provided for insane slaves belong- insane 

. . slaves and 

ing to citizens of this State, who are able or unable to support, j™e negroes 
and take care of them, and also of free negroes residents of this 
State, who are able or unable to support and take care of them- 
selves. Those masters or free negroes who are able must pay for 
their support. Those unable must be supported as other pauper 
patients. The certificate of the Justices of the Inferior Court of 
the count v where the owner, or slave, or free negro resides, of his 
condition, mentally and pecuniarily, shall be sufficient to grant 
him admittance. 

§1309. If a Penitentiarv convict becomes afflicted so as the Insaae con - 

Ticts — how 

affliction would entitle another person to a place in said Asylum, admitted. 




254 



PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, &c. 



Ai'ticle 3. — The Admission, Management and Discharge of Patients. 

lie shall be received therein if accompanied by the certificate of 
the physician to the Penitentiary, and the principal keeper there- 
of, of said fact. The certificate shall also show the name of the 
convict, the offence for which sentenced, the county from whence 
sentenced, and his term of service, which shall be filed away. 

§ 1310. If said convict has the necessary means, he shall pay 
for his support as long as he remains at the Asylum. 

§ 1311. If such convict shall recover before his term of service 
has expired, the fact shall at once be certified by the Superinten- 
dent, to the principal keeper of the Penitentiary, who shall forth- 
with have said convict taken back into the Penitentiary. 

§ 1312. Whenever there shall be an application for admission, 
unattended by the requisite evidences, the Superintendent has 
authority to receive and provide for the person for a reasonable 
time, provided a sufficient sum shall be advanced for his main- 
tenance in the meantime. 

§ 1313. When a person has been properly received as a patient, 
but is absent for as long as three months, either from discharge, 
elopement or removal by friends, he cannot be received at the 
Asylum without going through the process required in this chap- 
ter, according to the class of patients of which he may be. 

§ 1314. When a person has been acquitted of a capital crime 
on the ground of insanity, and such person is committed to the 
Asylum, he shall not be discharged thence, except by special act 
of the Legislature. If the crime is not capital he shall be dis- 
charged by warrant or order from the Governor. If sentence is 
suspended on the ground of insanity, upon restoration to sanity 
the Superintendent shall certify the fact to the presiding Judge 
of the Court where he was convicted. 



How sup- 
ported. 



Cured con- 
victs — how 
disposed of. 



Temporarv 
disposition 
of uncertifi- 
ed patients. 



Inmate ab- 
sent for 3 
months 
must be re- 
committed 
in form. 



Criminals 
acquitted on 
plea of in- 
sanity, or 
whose sen- 
tence is sus- 
pended, &c. 
— how dealt 
with. 



CHAPTER II. 



HEALTH, HOSPITALS, INFECTION AND QUARANTINE. 



Section. 

1315. Who may establish hospitals. 

1316. Regulation of quarantine. 
131*7. Quarantine grounds. 

1318. Removal of vessels thither. 

1319. Escaping quarantine. 

1320. Bills of health, &c. 

1321. Inland travelers. 

1322. Duty of Pilots. 



Section. 

1323. Persons on board of vessels. 

1324. Proclamation as to contagions. 

1325. Violation of quarantine. 

1326. Concealment of small-pox, &c. 

1327. Pines, &c. — how disposed of. 

1328. Quarantine — how certified. 

1329. Fees of health officer — how paid. 



PT. 1.— TIT. 15.— Police Peculations, &c. 255 



Chapter 2. — Health, Hospitals, Infection and Quarantine. 

§1315. The corporate authorities of any city or town may es- city copora- 

O Jl t/ u t> tion &c. 

tablish in them, respectively, or in the vicinity thereof, hospitals jj^jjk 
or pest houses, to be subject to such regulations, not contrary to*i* 
law, as such corporate authorities may make, to prevent the 
spread of infectious or contagious diseases, but in all cases, 
where such authorities of a town may establish hospitals or pest 
houses out of their own jurisdictional limits, such establish- 
ments shall be only on land acquired by such corporation for pro- 
tection againt the spread of disease within its own limits ; in all 
other cases the Justices of the Inferior Court of each county, re- 
spectively, are vested with the power to establish such hospitals 
and make such regulations. 

§1316. The corporate authorities of such town may, from time Quarantine 

< . . , —how pro- 

to time, prescribe the quarantine, to be observed by all vessels scribed™ 
arriving within the harbor or vicinity of such town, and regula- 
tions therefor, not contrary to law, and such regulations may ex- 
tend to all persons, goods and effects, arriving in such vessels, and 
to all persons going on board of the same. Any person violating 
such regulations, or any of them, after personal notice, or after 
other notice thereof, given for five days, in such manner as may 
be prescribed by such corporate authorities, or in the absence of 
any mode so prescribed, by notice of such regulation, for five 
•days, in some newspaper in such town, or, where there is no 
newspaper, by notice posted up at some public place in such 
town, for the same length of time, shall be ffuiltv of a misde- 
meanor, and on conviction thereof, shall be liable to fine of not 
more than five hundred dollars ; Provided, nothing herein con- 
tained shall prevent the infliction by the corporate authorities 
having power to pass ordinances or by-laws, of such other pen- 
alty, not exceeding one hundred dollars fine, in lieu of the pen- 
alty first above named, as may be prescribed in any such ordi- 
nance or by-law. 

§1317. Any town may establish a quarantine ground therefor 

■■ . . ■ f . » ■ i • -i Quarantine 

at any place within the harbor, if a seaport town, but in such ground- how 

established 

manner as not to interfere with the rights of private property ; 
and the jurisdiction of the corporation of Savannah shall, in 
cases of quarantine, extend to all ships and vessels which shall 
enter at any port or inlet from Ossabaw sound to Tybee, includ- 
ing all inlets, rivers, and creeks within those limits. 

§1318. The health officer, or visiting physician of such town beremoved 
may, under the direction of the corporate authorities, cause any t?n? U gw?nd. 



256 FT. 1.— TIT. 15.— Police Kegulations. 



Chapter 2. — Health, Hospitals, Infection and Quarantine. 

vessel arriving therein, or in the vicinity, if the vessel or cargo is 7 
in his opinion, so foul or infected as to endanger the public health, 
to be removed to the quarantine ground, or other proper place, 
to be inspected, and any master seaman, or passenger, belonging 
to any vessel supposed to have any infection on board, or from a 
port where any dangerous infectious disease prevails, refusing to 
answer, on oath, such inquiries as may be made by any health 
officer, relating to any infection or disease, shall be guilty of a 
misdemeanor, and, on conviction, shall be liable to pay a line of 
one hundred dollars. 
Persons es- §1319. If any person, ordered to perform quarantine, shall es- 
attempting cape, any Justice, on complaint thereof on oath, may issue his 
quarantine warrant to the Sheriff, Constable or town marshal, to arrest and 
Mitn. deliver such person to the custody of the officers of the quaran- 

tine, and any person attempting to escape may be forcibly de- 
tained at the place of quarantine by such officers. 
Master of § 1320. The master of any vessel, ordered to perform quarantine, 
deliver Mif ' shall deliver to the officer appointed to see it performed, his bill 
of health, &c Q £ } iea ]t} l? an( j manifest, log-book and journal ; if he fails to do so, 
or to repair, in proper time after notice to the quarantine ground, 
or shall depart thence without authority, he shall be guilty of a 
„ / „ misdemeanor, and, on conviction, shall be fined in a sum not less 

Penalty lor ' ' ' 

default. than two hundred dollars. 

inland trav- § 1321. Any person coming into town, by land, from a place 
peTied ?™ infected with a contagious disease, may be compelled to perform 
Quarantine, quarantine by the health officer, under the direction of the cor- 
porate authorities, and restrained from traveling until discharged, 
Penalty tor ilim an .T person thus restrained, traveling before he is discharged, 
ouarantfn? §kfi.ll °e g ll ^J °£ a misdemeanor, and, on conviction, may be 

fined in a sum not exceeding one hundred dollars. 
Duty of pi- §1322. It shall be the duty of any pilot, before entering on 
entering board of any vessel, to make strict inquiry of every master or 
JS"' commander of the same, as to the state of health in such vessel, 
and in case it be found that any malignant, contagious or infec- 
tious disease is on board such vessel, such pilot shall not enter 
therein, under the penalty of one hundred dollars, and removal 
from office, and any such master or commander refusing to an- 
swer any such reasonable inquiry, or giving false information in 
answer, may be lined in a sum not exceeding five hundred dollars. 
§ 1323. ~No person being on board such ship or vessel, in which 
such disease shall, exist, or whilst such ship or vessel is perform- 



FT. 1.— TIT. 15.— Police Relations, &c 257 

Chapter 2. — Health, Hospitals, Infection and Quarantine. 

ing quarantine, shall come, or be permitted to come on shore, or Persons on 

, i , « i i.i • • i? xi boardofves- 

] and from such vessel, without permission irom the proper au-seisshaiiob- 

» ■> i • it serve quar- 

thority, under the penalty ot hne and imprisonment, at the dis- antine. 
cretion of the court, and any person going on board such vessel, 
(except the health officer or visiting physician,) and returning 
without such permission, shall be liable to the same penalty. 

§ 1324. The Governor of this State may, by proclamation, pr 
whenever he shall deem it necessary, give such orders to prevent tion of G i ov - 

" > ~ L ernor as to 

the spread of contagious or infectious diseases within the State, contagious 
and make such appointments and regulations concerning the 
same, as shall by him be deemed proper, and be stated in such 
proclamation, and any person violating such orders or regula- 
tions, may be lined or imprisoned at the discretion of any court 
having jurisdiction. 

§ 1325. Any person coming into this State, by land or water, _. , ■ 

° " r ~ Violators ot 

from any place infected with contagious diseases, and in violation quarantine 

«/ J- © ' may be m- 

of quarantine regulations, may be indicted in any county in which dicted - 
he may be found, and, on conviction, be fined in a sum not ex- 
ceeding five hundred dollars, and be imprisoned in the common 
jail at the discretion of the court. 

§ 1326. Any physician, or other person, who shall conceal a p 



'ersons eon- 



case of small-pox, or varioloid, or any modification of the same, ^iii-fox 
within any incorporated city, town, or in any county in this indlctable - 
State, by not giving immediate notice thereof to the Mayor, In- 
tendant or health officer, or Justices of the Inferior Court, may 
be indicted and fined in a sum not exceeding five hundred dollars, 
or imprisoned at the discretion of the court. 

§ 1327. All fines and forfeitures arising out of the violation of „ . 

° & ^ Fines lor vi- 

any quarantine, or other sanitary regulation, shall be paid, after olatin s 

«/ i «/ © ' .r quarantine 

deducting the proper expense of collection, into treasury of the — h s ™$*~ 
city or county, and may be expended in aid of the quarantine 
and other sanitary laws, and towards the support of the poor 
thereof. 

§1328. It shall be the duty of the health officer of any port, or 1)crform . 
the authorized visiting physician thereof, after a vessel shall have aStfne— how 
duly performed quarantine, to give a certificate thereof to the certlficd - 
master or commander, under a penalty, for every refusal, of one 
hundred dollars, and in case of such refusal, or of there being no 
such health officer or attending physician of the port or place, 
such certificate shall be granted by constituted authorities of such 
port or place, the fee for such certificate shall be two dollars for 
17 



258 PT. 1.— TIT. 15.— Police Begulations, &c. 

Chapter 2. — Health, Hospitals, Infection and Quarantine. 

rees for cer- every vessel of more than two hundred tons, and one dollar for 

tificate. J , ill 

every vessel of not more than two hundred tons. 
rees of § 1329. For visiting any vessel, when required, and granting a 

C eT_by certificate of the health of the crew and passengers on board, the 
fee of the health officer, or visiting physician, to be paid by the 
master of such vessel before she shall be permitted to enter, shall 
be two dollars, coasting vessels coming from one inlet in the 
State to another inlet in the same, excepted. 



whom pajd. 



CHAPTEK III. 

FREE NEGROES LANDING FROM VESSELS AND HEREIN OF FREE 

NEGRO SEAMEN. 



Section. 

1330. Penalty for landing free negroes. 

1331. Forfeiture — how enforced. 

1332. " Free negroes " defined. 

1333. Leave to land colored seamen. 



Section". 

1334. Penalty for landing without leave. 

1335. Colored seamen leave with vessel. 

1336. Failing — must leave the State. 

1337. Power of City Councils, &c. 



Penalty § 1330. All vessels coming into any port of this State, or over 

Standing the bar thereof, having on board a free person of color, not a 
groes. re< e seaman, nor in good faith otherwise employed on board in some 
way necessary to navigation, the masters thereof forfeit the sum 
of two thousand dollars for each free negro so brought. 
Forfeiture— § 1331. Said forfeiture is recoverable by libel or by the attach- 
fo°rced. n ment writ of this State (such being here made a ground for its 
issuing upon a compliance with its other requisitions) on the of- 
fending vessel and every thing appertaining thereto, (for which 
said property is bound before any other lien) or by suit against 
the master, or by both proceedings at once in the name of the 
corporation or county; upon information one-half of the for- 
feiture goes to the informer the other to the Educational Fund of 
the county. The white person so offending is also subject to in- 
dictment, and on conviction to be imprisoned not longer than six 
months. 
whoarefree §1332. Negroes once slaves who have with their owners' con- 
thf meaning sent left this State to reside in a State or county where slavery 
of^this chap- - g not tolerated, to become free, and free negroes who have 
changed their residence to any State are within the provisions of 
this chapter and cannot return hither. Persons who bring such 
interdicted negroes into the State by any other means, are liable 
to such suits, indictments and forfeitures. 



PT. 1.— TIT. 15.— Police Begulations, &o. 259 



Chapter 3. — Free Negroes Landing from Vessels, &e. 

§1333. The master or owner of every vessel of any descrip- Masters of 

. . . . t . n -> i , n vessels to re- 

tion arriving m this State from any ports whatever (except from port aii free 

° i \ i n • i» i negroes em- 

ports in South Carolina and Florida) shall immediately npon the ployed on 

L *■ t ' board and 

arrival of such vessels report to the Mayor, or other authority, at obtain P ass - 
the place of arrival, the name, age, description and capacity of 
every free person of color, descended from negroes and mulat- 
toes, employed on board such vessel, and to obtain a passport 
from such authority to permit such person of color to land, it 
being within the discretion of such Mayor or other authority to 
grant or refuse said passport. 

§ 1334. In case such a free person of color shall be found on penalty 
shore without such passport, or in contravention of any law oftfrsforaii 
this State, he shall be imprisoned until the departure of said on shore 
vessel, and the master and owners of such vessel shall be jointly passports. 
.and severally liable, in a sum of not more than one thousand 
dollars for each person of color so permitted to land, to be re- 
covered in any Court of this State having jurisdiction, at the 
instance of such Mayor or other authority, to be paid into the 
treasury of the city or town where such landing occurs. 

§ 1335. When any vessel is ready to depart, the captain of said Master must 
vessel shall be bound to carry away said free person of color, negroes 

-)•-!• i • i»p-i-i«-ii away with 

and to pay his expenses, and m case of refusal to do either he the vessel. 
shall forfeit and pay the sum of five hundred dollars, to be re-tion. 
covered by indictment in the Superior Court of the county 
where such offence may be committed, and shall, moreover, suf- 
fer imprisonment in the common jail for any term not exceeding 
three months ; Provided, nothing herein contained shall extend 
to any negro or person of color employed on board any national 
vessel of war. 

§1336. Every person of color as aforesaid who shall not de- Freenegroe8 
part the State, in case of the captain failing to carry him away, tainsmuX 
within ten days after the vessel in which he came shall have de- stS 
parted, shall be disposed of as hereinafter set forth, but the pro- 
visions aforesaid shall not apply to any such free negro or person 
of color arriving within the limits of this State by shipwreck, 
stress of weather, or other unavoidable accidents, until one month 
after such accident, but such authorities shall take proper mea- 
sures to prevent communication by said person with colored per- 
sons in this State. 



260 FT. 1.— TIT. 15.— Police Regulations, &u. 

Chapter 3. — Free Negroes Landing from Vessels, &c. 



iwrof § 1337. The Citv Councils or corporate authorities of the cities- 

CityCoun- v '' , *■ 

dis,&c.,overor towns of this State, or Justices of the Inferior Court, in the 

the subject 4 7 ' 

matter of absence of such, are authorized by ordinance, or otherwise, to- 

this chapter. 7 * ' 

make such other rules and regulations as may be necessary for 
carrying the foregoing provisions in their true intent into full! 
effect, so that the same be not contrary to law. 



CHAPTER IV. 

PHYSICIANS AND DRUGGISTS. 



Who may 

practice 

medicine. 



Section. 

1338. Who may practice medicine. 

1339. Allopathic Medical Board. 

1340. Duty of the Board. 

1341. Temporary license. 

1342. Record of Board evidence. 

1343. Quorum of the Board. 

1344. Reformed Medical Board. 

] 345. Present Boards continued. 



'Section. 
] 34G. Penalty for illegal practice. 

1347. Defendant must show authority, 

1348. Board confined to its school. 

1349. License fee. 

1350. What physicians exempt. 

1351. Druggist must obtain license. 

1352. Must show his authority. 

1353. Who are exempt. 



§ 1338. Any white person who has received a diploma from' 
any Medical College of the Confederate States, without regard to 
the school, are authorized to practice to the extent of the powers giv- 
en in said diploma, subject to the provisions hereinafter set forth. 
§ 1339. There is established in this State a Board of Physicians 
of the Allopathic School, who have the authority — 
Authority of 1- To meet annually, or oftener, at the call of any three of 
Physicians, their number at such place in this State as a majority may select. 
Thirty days' notice must be given of annual meetings. 

2. To elect all officers and to fill all vacancies. 

3. To be a body corporate, with the right to exercise all the- 
powers usual in such associations that are necessary to their or- 
ganization, if in conformity to the constitution and laws. 

1. To grant licenses to all applicants who under the law are- 
entitled thereto, and to fix the fee therefor when not fixed by 
law. 

5. To prescribe a course of reading to those who study medi- 
cine under private instruction, which shall be obligatory upon) 
all who may apply to the board for examination. 

Duty of the § 13 ^« Xt ls tlieir ^ty— 

Ft^fc?lns. ^' ^° g rant licenses to practice to all physicians who present 
their diplomas without examination. 



PT. 1.— TIT. 15.— Police .Regulations, &c. 26 i 



Chapter 4.— Physiciann and Druggists. 



2. To grant such licenses to all other persons who undergo a 
•satisfactory examination. 

3. To grant license to practice in any particular branch of 
medicine, or to treat any particular form of disease, if satisfied 
upon the examination that the applicant is thus competent. 

4. To grant licenses to apothecaries upon their standing a sat- 
isfactory examination as to their knowledge of drugs and phar- 
macy. 

5. To keep a book in which shall be entered the names of eve- vend drag*. 
ry person licensed to practice or vend drugs, and the extent of 

the license. 

§ 1341. One member of said board may grant a license to an Temporary 
.applicant who has a diploma, to practice until the next regular bunted 17 
meeting of the board, when he shall report the fact, at which 
time the temporary license is at an end, but such a license shall 
not be granted by a member after the board has refused one. 

§1342. The book so ordered to be kept, is a book of record, Transcriptof 
and a transcript from it, certified to by the officer who has it inmXevi- 
keeping, under the common seal, shall be evidence in any Court 
of this State. 

§ 1343. Seven members of said board constitute a quorum for Quorum of 
the transaction of business, and should a quorum not be present 
on a day appointed for its meeting, those present may adjourn 
from day to day until a quorum is present. 

§ 1344. There is also established a Board of Physicians of the Authority 

t» ' /» -r» ■ ' J an< ^ duty 

.Reformed Practice of Medicine, who have the same authority, of Board of 

" Physicians, 

and must perform the same duties herein before set forth. &c - 

§ 1345. The persons and number of persons constituting both present 
•of said boards at the adoption of this Code, continue, and all the tinned, 
[provisions of their respective charters are likewise preserved, if 
mot lawfully altered herein. 

§ 1346. Any person who shall practice surgery, or in any man- Penalty for 
ner prescribe for the cure of diseases for fee or reward, in viola- ^wSSniof 
lation of the provisions of this chapter, shall be liable to indict- t 
ment, and on conviction, shall be fined not exceeding five huu- 
♦dred dollars for the first offence, and for the second, imprisoned, 
not more than two months ; one-half of the fine to inure to the 
informer, the other to the Educational Fund of the county. 

§ 1347. On the trial of such indictment, it is incumbent on the Burden of 
•defendant to show that he has authority under the law to prac- ^?t°y Sn& 
stice physic and surgery, to exempt himself from such penalty. ed 



** 



262 rr. 1.— TIT. 15.±-Police Kegulations, &c. 

Chapter 4. — Physicians and Druggists. 



Power of § 1348. Neither board can license persons to practice in a 

confined to School of Medicine different from their own. Physicians belong- 

their respec- J ~ 

tive schools, mg to a School of Medicine not represented by a Board of Phy- 
sicians, may practice nnder their diplomas alone, and if they have 
none, are liable as though they had no license, and were required 
to have them. 

License fee. g 1349. The fee for licences obtained on diplomas shall not ex- 
ceed five dollars, and on examination shall not exceed twenty-five 
dollars. 

ewsmptf 118 § 1350. Physicians who were in practice prior to the twenty- 
fourth of December, 1847, are exempt from all the provisions of 
this chapter. ^ /, , . iCSu U**&& *4dJU 

SS obtain § 1351. No person in this State, except a licensed physiciaii, 
shall vend, or expose to sale, any drugs or medicines, without 
first obtaining a license therefor from one of said boards. 

Sctfdmust* § 1352. Any person violating the preceding section is liable to 

ttiSitiJ 8 au " indictment, and, on conviction, to be fined not less than one- 
thousand nor more than five thousand dollars, and for a continua- 
tion after said conviction, to the like fine, and imprisonment not 
exceeding six months. The onus of proof is upon the defendant 
to show his authority. 

Sfai^fx- §1353. Druggists are exempt from obtaining said license, who* 

empt. were engaged in said business prior to twenty-fourth December,, 
1847, and who continue so, at the adoption of this Code, and 
merchants or shop keepers may deal in medicines already pre- 
pared, if patented, or if not patented, are legally warranted by a 
licensed druggist. 



* m 



• 



PT. 1.— TIT. 15.— CHAP. 5.— Police Kegulations, &c. 263 



Article 1. — Patrol Laws. 



CHAPTER V. 

THE GOVERNMENT OF SLAVES AND FREE NEGROES. 

Article 1. — Patrol laws. 

Article 2. — Other police regulations. 



ARTICLE I. 

PATROL LAWS. 



Section. 

1362. Patrol must keep arms, &e. 

136:',. Duty of patrols. 

1364. Requisites of slave's permit. 

1365. Power of patrol as to searches. 

1366. May seize weapons on slaves, &c. 

1367. When master may arm slave. 



Section. 

1354. Patrol Commissioners. 

1355. Their oath. 

1356. Must organize companies. 

1357. Must appoint captains. 

1358. Default of officers — how punished. 

1359. Defaulters to be reported. 

1360. Penalty for opposing patrols. i 1368. Free negroes subject to patrol. 

1361. Who are subject to patrol duty. 

§ 1354 The Justices of the Inferior Courts, in the month of commis- 
November, annually, and before the tenth day thereof, shall ap- patrol— how 

. ,i ... . -,.-,..-,.. . appointed. 

point three citizens in each militia district to act as commission- 
ers of patrol ; they are to be notified of their appointments, and 
to be deemed as accepting, and vacancies are to be supplied, as 
in the case of road commissioners. 

§1355. Such commissioners, within fifteen days after notice ofoatnofcom- 

• in l -i r> missioners. 

appointment, shall appear at the court house, and before the 
Clerk of the Inferior Court, take an oath, faithfully to discharge 
their duties, which fact said Clerk shall enter on his minutes. 

§1356. They shall also, within five days from their qualifica-shaiimake 

. . , . . • • v -i -i out lists and 

tion, make out a list of all persons in their several districts liable organize pat- 

L rol compa- 

to do patrol duty, and organize from said lists two or more com- nics. 
panies, not having more than ten in each company, and shall lay 
off said districts into as many divisions as they shall organize 
companies, assigning to each company its division, making a re- 
cord of all such in a book kept for that purpose. No company 
shall be compelled to perform patrol duty out of its division, un- 
less called on to aid another company, when needing it. 

§1357. They must select some discreet person as captain, from Appoint . 
and for each company, who shall be of good moral character, andJSjof plS- 
not less than twenty-five years old, who must be notified of his S2i toco£- 
appointment in writing, within ten days after it takes place ; pames< 



* • 



264 PT. 1.— TIT. 15.— CHAP. 5.— Police Peculations, Sg. 



Article 1. — Patrol Laws. 



such notice must be accompanied with a list of the persons be- 
longing to his company. A notice of one day to a member of a 
company, verbally or in writing, of the time and place he is re- 
quired, is sufficient, but in cases of emergency he shall go in a 
shorter time, and immediately, if so required. 
Penalty for § 1358. If any commissioner fails to discharge the duties re- 

defaultof ? . J . . b 

commission- quired ol him, without good excuse, to be judged of by such 
Justices, he shall be fined not exceeding one hundred dollars, for 
such failure. If the captain of a company thus fails, he shall be 
fined by the commissioners not exceeding twenty-five dollars for 
every such failure. If any member of a company fails to attend, 
after notice, at the time and place designated, armed and equip- 
ped as directed, or evades his duty, or is insubordinate, or deports 
himself insolently to the captain, while on duty, or otherwise vio- 
lates the patrol law, he shall be fined not more than ten dollars 
for every such failure or offence. 

captains §1359. The captains shall report all delinquencies to the corn- 

must report .. •-!• 1 J* 1 -I'-l-l-l-ll 

defaulters, missioiiers, withm twenty days alter they occur, which shall be 
heard and determined by them in the same manner as road corn- 
Fines— how missioners do in case of defaulters. All fines collected, after pay- 
disposedof. j n g expenses, if any, shall be paid to the Educational Fund of 

the county. 
Penalty for §1360. If any person shall, by force, or otherwise, oppose anv 

opposing «.■ J r ' J ■ _',,., i • i i/i 

patrol com- patrol company, or any member ot one, while engaged m lawlul 

panies in j. «/ •/ i 

discharge of duty, or prevent, or endeavor to prevent, any search or examina- 
tion being made of any house or place, where it may be reasona- 
bly suspected that any negro liable to be punished, or apprehen- 
ded, may be concealed, or shall annoy or menace such company, 
or its members, while in the performance of patrol duty, he is 
subject to indictment, and, on conviction, shall be fined not ex- 
ceeding one hundred dollars ; for a second offence may be im- 
prisoned not exceeding sixty days, as well as fined, 
who are § 1361. All male white persons between the ages of sixteen and 

patr&fduty. sixty are subject to patrol duty, (unless specially exempted,) and 
shall, by themselves or by substitute, perform patrol duty. Per- 
sons exempt from road-working are exempt from patrol duty, ex- 
cept in cases of emergency, when all persons are subject to the 
call of the captain or commissioners. 
Patrol must §1362. A person so subject shall keep always in readiness, and 
and P ammu- carry with him, on service, one good gun or pistol in order, to- 
gether with at least six rounds of ball-cartridges. 



• f 

PT. 1.— TIT. 15.— CHAP. 5.— Polick Regulations &u. 265 



Article J — Patrol Lawn. 



§1363. The patrols shall examine the plantations in their di* Duty of pat- 
visions at such times as their discretion may dictate, but at least 
one day or night in fifteen ; shall take up all slaves they see off 
their master's premises, if they know them, and when they do 
not know them, or they are not on such premises ; all slaves with- 
out the fences, or outside the limits of an incorporated town, who 
have not some permission in writing to he absent, or some other 
writing or evidence showing the reasonableness of the absence, 
or who have not some white person in company, or avIio can give 
no good account of themselves. They shall correct such slaves by 
whipping with a switch, whip or cow-skin, not exceeding twenty 
lashes, and in such a manner as not to injure or permanently 
mark his body, If the slave is insolent or unruly after such 
chastisement, the patrol shall carry him to his master or employ- 
er, and all further whipping shall be in his presence. If he re- 
fuses to allow him whipped, he shall be carried to a Justice of 
the Peace, and all further whipping shall be under his direc- 
tion. 

§ 1364. A permit to a slave should specify the place or places Requisites 
where he is allowed to visit, and the length of time he is per- p^u™ s 
mitted to be absent. T\o permit shall extend over a greater 
length of time than one month. A slave at the house of his wife, 
by permission of her master, needs no permit. A free person of 
color needs no permit in the day time. 

§ 1365. The patrols have the power to search and examine all Powerof 
negro houses for offensive weapons and ammunition, and, on patro 
finding such, shall proceed according to law. They may pursue 
any fugitive slave who avoids them by hiding or running into 
any dwelling, or if they shall hear of any such being harbored in 
any dwelling of any Avhite person, they shall first ask leave to 
search of the person in charge, if any, or to deliver up said slave, 
and if said person shall refuse to grant either, they, if they have 
seen such slave enter, or know that he is there, may enter therein 
and take him. The person refusing such permission, if the slave realty for 

. -, • i- i refusing: 

is found, is subiect to indictment, and, on conviction, may be search tor 

° slaves. 

fined not exceeding one hundred dollars. 

§ 1366. On finding any weapons, or accoutrements, or ammu- Patrol majr 

... t ,1 j.1 ' seize wean- 

nition, m any negro-house, or on the person, or m the possession on9 , &c . 
of any slave or free persons of color, contrary to law, such patrol 
may seize and take awav the same ; but before the property shall 



266 PT. 1.— TIT. 15.— CHAP. 5.— Police Kegulations, &c. 



Article 1. — Patrol Laws. 



be vested in the person seizing, he shall cause the same to be for- 
feited, as is elsewhere provided in this Code. 

ter h may arm § 1367 * ^ otnm g in tllis Code slia11 t>e construed to deny to any 
his slave, master the right, in time of invasion or insurrection, in good 

faith, to arm his trusty slave for the defence of himself or his 

property. 
Free persons § 1368. All the provisions of the patrol law, in this Code, shall 

of color sub- i j? 

ronaws at " a Pl y to * ree P ers011s °*' color, unless specially excepted. The 
permission of the guardian is substituted for that of the master. 



Assemblies 
of slaves, 
&c, accom- 
panied by 
white per- 



Unlawful 
assemblies 
of slaves — 
how dis- 
persed. 



Certain offi- 
cers invest- 
ed with pat 
lol powers. 



ARTICLE II. 

OTHER POLICE REGULATIONS. 



Section. 

1369. Unlawful assemblies of slaves. 

1370. How dispersed. 

1371. Certain officers have patrol powers. 

1372. Defaulting officers — how punished. 



I Section. 

i 1373. Property on slave — how claimed, 
i 1374. Any one may chastise slave, &c. 
j 1375. Penalty against masters. &c. 
' 1376. Slaves, &c, may not preach. 



§ 1369. ~No congregation or company of slaves, exceeding sev- 
en males in number, shall, under any pretence, except for Divine 
worship, assemble themselves outside of any incorporated town,, 
and then they must be under the control and presence of as many 
as five citizens of the neighborhood, except slaves who may as- 
semble on their masters' premises when he or his overseer is 
present. Other slaves, by their masters' permission in writing,. 
may also join in such assemblies. 

§ 1370. Every Justice of the Peace, upon his knowledge or in- 
formation from others, may go in person, or by warrant, directed 
to any officer or private person, or both, and command the assis- 
tance of other persons to disperse any assembly of negroes which 
may disturb, endanger the safety, or excite the apprehension of 
the community. Every negro taken at such assemblages may, 
by special order of said Justices, be corrected, without trial, by 
receiving, on the bare back, not more than twenty lashes, with 
the instrument allowed to be used by the patrols, and in the same 
manner. 

§1371. Such officers or persons may be also specially empow- 
ered, by a Justice of the Peace of the district, under warrant, to 
do whatever the patrol may do, and to bring offenders to a speedy 
trial. 



PT. 1.— TIT. 15.— CHAP. 5.— Police Kegulations, &c. 267 



Article 2. — Other Police Regulations. 



§ 1372. If any officer refuses to execute such warrant, or other offices or 

c j ' others re- 

person refuses to assist said officer when required, such officer or Jjjj n s *^ 
person shall forfeit and pay for each offence twenty-five dollars, ™ n J \ u u b .- t 
to be recovered as in other actions of debt at the instance of the 
informer. 

§1373. If such property or any goods shall be so seized which now proper- 
is the property of another, they shall be restored on the claimant fJundon 

-,..-,. . , slave may be 

making this oath : restored. 

" I swear that I have just right to certain property or goods 
(describing them) seized by a certain person, naming him, out of 
the possession of a slave named (naming him) and that I did not 
directly, nor indirectly, permit said slave, nor any other slave, to 
keep or employ the same in violation of the law, but that they 
came to the possession of said slave (stating the manner.)" 

§1374. Any person may take up any negroes that shall be Any person 
found out of the plantation or place where they belong, or incor- and chastise 
porated town where they reside, acting unlawfully, or under 
suspicious circumstances, and if found with an offensive weapon 
shall take the same away, and if the negro is insolent, or refuses 
to answer, may whip said negro as the patrol may. 

§1375. If any master, overseer, or employer shall permit liis Pena]ty 
slave to carry arms contrary to law, or shall suffer any illegal teTaSiSSr 
public meeting, or unlawful feasting of slaves, not his own, with- nberSes, 6 !*. 
out the permission of their owners, or under his charge, on his 
plantation, or other home, he shall forfeit for each offence five 
hundred dollars, one half to the informer the other half to the 
Educational Fund of the county. 

§1376. It shall be unlawful for any church, society, or other Slave8 and 
body, or any persons to grant any license or other authority to shaVnfTtS 
any slave or free person of color to preach, or exhort, or other- p^Sf&c. 
wise officiate in church matters. tf. 



CHAPTER VI. 

TAVERN AND RETAIL LICENSES. 



Section. 

1377. Retail license — how obtained. 

1378. Oath of other venders. 

1379. Retailing — confined to one place. 



Section 1 . 

1380. License by corporate towns. 

1381. Furnishing liquor to one drunk. 

1382. "Retailer" defined. 



§1377. Persons before obtaining license to retail spirituous retail liquors 
liquors, must apply to the Justices of the Inferior Court of the tained. 



268 PT. 1.— TIT. 15.— Police Regulations, &c. 

Chapter 6. — Tavern and Eetail Licenses. 

county in which they desire to retail, who have power to grant 
or refuse such application. When such application is granted 
and entered on the minutes, the applicant shall execute a bond, 
with sufficient security, in the sum of five hundred dollars, pay- 
able to such Justices, conditioned to keep an orderly house, and 
to abide faithfully by the oath to be taken by him, which bond^ 
shall be taken and approved by the Clerk of the Inferior Court, 
filed in his office, and recorded in the book kept for that purpose. 
Any person aggrieved may bring suit on such bond. Licenses 
granted in any other way are void. They shall, also, at the 
same time, before said Clerk, take and subscribe the following 
oath: 

a I swear that I will not, during the next succeeding twelve 
months, sell, barter, give, or furnish to any slave, or free person 
of color, any quantity of spirituous or intoxicating liquors with- 
out the consent of the owner, overseer, or employers of such 
slave, nor without the like consent of the guardian of such free 
person of color, nor to any minor without the consent of his or 
her parent, or guardian, or employer, and that I will not allow 
any other person to do so for me with my knowledge or consent. 
So help me God." 
-oath of yen- § 1378. By the first day in June in each year, and annually 
•quorsiess thereafter, venders of any quantity of spirituous liquors less than 

than one gal- .. ,-,,,, i i n i n • i i 

ion. one gallon, snail take and subscribe the foregoing oath, and upon 

neglecting to do so they are subject to all the penalties of re- 
tailers without license. 
Sale of ii- § 1379. Such licenses do not authorize the persons to whom is- 
SdtcMme sued to retail at more than one place in the county, which place 
must be stated in the license. Different licenses are necessary for 
different places. 
corporate §1380. Said provisions do not not apply to any corporation, 
grant license town or city, which by charter have power to grant licenses, pro- 
vided, the fees for licenses are at least as much in said city as are 
required by law in the county. 
Retailer § 1381. A retailer of spirituous liquors shall not sell or furnish 

no one who is liquors, in any quantity, to any person who is at the time intoxi- 
cated or drunk ; and for violating this provision, he shall not on- 
ly be liable to all the penalties for retailing without a license, but 
he shall not recover by law for any spirituous liquors furnished to 
such person during the current year. 



PT. 1.— TIT. 15.— Police Emulations, ftp. 269 

Chapter 6. — Tavern and Ketail Licenses. 

§1382. The sale of such liquors in quantities less than one who is arc- 
quart, makes the seller a retailer. 



CHAPTER VII. 

ESTRAYS: 

Section. ' Section'. 



1383. Who may take up estrays. 

1384. Estrays — how disposed of. 

1385. Advertisement of estrays. 

1 386. Sale of estrays. 



1389. Estrays — how reclaimed. 

1390. Trial of conflicting claims. 

1391. Expense of estrays. 

1392. Default of taker up — how punished. 



1.387. May be sold on freehold — when. ! 1393. Stone horses may be gelded. 
1 388. Proceeds of sale — how disposed of. i 

§ 1383. Any person may, upon his own freehold or the high- Who 
way thereto, or being in charge of one, and not elsewhere, take^ s upes * 
up all estrays of animals of a domestic or useful nature either for 
their labor or flesh. 

§ 1384. The taker-up shall, within live days, exhibit said animal Estrays— 
to two freeholders of the militia district where taken up, whoedof. 
shall take down in writing a particular description of its marks, 
natural and artificial, brands, stature, age and color, and annex 
thereto their appraisement of its value, which description and 
appraisement shall be by the taker-up, within five days more, 
handed to the Clerk of the Inferior Court of the county. He 
shall at the time of handing the same to said clerk, make an affi- 
davit before him that the marks and brands of said estray are cor- 
rect, and have not been altered or disfigured, to his knowledge, 
since he took it up. 

§ 1385. Such clerk shall then copy said appraisement, descrip- Clerk shall 
tion and affidavit in the estray book, and advertise substantial J2£SiJJ*' 
copies of the two first named at the door of the court house for SfSSys-* 8 
sixty days at the place of holding Justices' Court of the district, 
where taken up, and in the public gazette where the sheriff of 
the county advertises his sales. 

§ 1386. If by the end of that time, property is not proven and Estrays— ■ 
taken away, the Sheriff of the county shall advertise and sell said Jj£ n to 1>0 
estray as he does property under execution, stating it to be an 
estray and its appraised value. 

§ 1387. If the property is not of sufficient value to pay the ex- Wheil au es _ 
penses of said proceedings, said Clerk may order it sold by the JJJJ ™{h^ 
♦Sheriff after ten days' notice on the freehold where taken up, biit fieohold ' 




270 PT. 1.— TIT. 15.— Police Kegulations, &c. 

Chapter 7. — Estrays. 

lie shall make the advertisement in writing ancHiave one inser- 
tion made in such public gazette. 
Proceeds of §1388. The purchase money, after deducting all lawful expen- 
disposedof. ses, shall be paid to the treasurer of the Educational Fund of the 
county, to be paid to the owner of the estray, if property is pro- 
ven therein within twelve months. 
how an es- § 1389. Property may be proven by an affidavit of ownership be- 
ricLmedby fore the clerk of said Court, and the filing with him bond and se- 
curity in double the appraised value, payable to the Justices of 
the Inferior Court, conditioned to answer any demand thereon 
that may be proven against the obligor within two years. 
conflicting § 1390. If more than one person claims said estray before de- 
tried! s— how livery is made, or a counter affidavit to a claim is filed by any per- 
son, an issue shall be made thereon and tried by a jury in the 
Inferior Court, with privilege of appeal. 
Expense of § 1391. There shall be no expense for keeping estrays, but the 
and in keepin g taker-up must be paid five per cent, upon their appraised value 
- ' if not sold, or if sold, the same per cent, upon the sale, and shall 
have the use thereof free of charge. If the owner disputes the 
appraised value, he may sell the estray after five days' written no- 
tice at the court house, and the taker up shall have it there for 
that purpose. He shall always deliver the estray on the order 
of the Clerk of the Inferior Court, upon the payment of his fees. 
Penalty § 1392. The taker-up is liable to the county or the owner, as 

ker-up, for the case may .be, in five times the value of the estray ; if after 
appraising, taking it up he fails to have it appraised and returned, or forth- 
coming, according to law, providential causes only excepted, and 
if he appropriates it to his own use, and fails to pay said forfei- 
ture after demand in writing by the Clerk of the Inferior Court, 
he is guilty of a misdemeanor. Suit may also be brought either 
by the owner or county for the same. He is liable in like man- 
ner for any damage caused by wilful abuse or neglect of the 
animal. 
stone horses §1393. If any stone horse above eighteen months old shall be 
?arge X may be found running at large, it is lawful for any person to take him 
up and take him before the nearest Justice of the Peace, and by 
permission of said Justice, may geld the same, taking care that 
it is done by a person competent to do so, and that the horse is 
properly cared for afterwards ; the expenses of which shall be 
paid by the owner. 



PT. 1. — TIT. 15.— Police Regulations, &c. 



271 



Chapter 8. — Marks and Brands. 



CHAPTER VIII. 

MARKS AND BRANDS. 



Section. 

1394. Record of marks and brands. 

1395. Recorded mark preferred. 

1396. Oldest record preferred. 



Section. 

1397. Marking to be done — by whom. 

1398. Change of recorded mark. 



§1394. All persons having marks and brands on cattle, or otli- Marks and 
er property, in this State, shall have them recorded by the Clerk b^recoSei 
of the Inferior Court of the county where the owner resides, or, 
if a non-resident, where the property uses, in a book kept by him 
for that purpose. 

§ 1395. If property shall be in dispute between one whose preference 
marks and brands are recorded, and one whose are not, both hav- one having 
ing the same mark and brand, and such property is found in the brands re- 
possession of him whose marks and brands are recorded, the par- 
ty claiming cannot get possession of the same, but must sue, and 
prove property and damage. 

§1396. When two or more persons have the same marks and oldest re- 
brands, and both are recorded, the prima facie right is with the preference, 
older record. 

§1397. Marking and branding shall not take place, except by Marking, & c . 
or under the supervision of some competent white person, on ^^te e 
pain of forfeiting fifty dollars for each violation, to be recovered person ' 
at the suit of the informer, who shall have one-half the recovery ; penalty for* 
the other half goes to the Educational Fund. 

§ 1398. Marks and brands once recorded shall not be changed, Marks, &c, 
so as to be of any avail to the owner, without leave is first grant- changed 
ed by the Justices of the Inferior Court, and a minute made^ave . 11 
thereof. 



CHAPTEK IX. 

ENCLOSURES AND FENCES. 



Section. 

1399. Requisites of a fence. 

1400. Of other enclosures. 

1401. Owners of stock — when liable. 



Section. 

1402. Stock may be killed — when. 

1403. Poisoning crops. 

1404. Water courses deemed fences. 



§ 1399. All fences or enclosures, commonly called worm fences, what is a 

lawful fence 

shall be five feet high, with or without being staked and ridered, ' 
and from the ground to the height of three feet, the rails shall 



'V 



272 FT. 1.— TIT. 15.— Police Regulations, &e. 



Chapter 9. — Enclosures and Fences. 



not be more than four inches apart. All paling fences shall be 
five feet, from the ground, and the pales not more than two inch- 
es apart. 
Enclosures § 1400. Any enclosure, made by means of a ditch or trench, 
Jc. * shall be three feet wide and two feet deep, and if made of both 

fence and ditch, the latter shall be four feet wide, and the fence 
live feet high from the bottom of the ditch, 
when own- §1401. If any trespass or damage shall be committed in any 
fwtrefpass, enclosure, not being protected as aforesaid, by the breaking in of 
any animal, the owner of such animal shall not be liable to an- 
swer for the trespass, and if the owner of the enclosure shall kill 
or injure such, in any manner, lie is liable in three times the 
damage. 
when own- § 1402. When fences are made, pursuant to law, and any ani- 

ers of en- ° • L . ... 

closures may ma l breaks in, the owner of the enclosure shall not kill or injure 

kill stock *> 



breaking in. } 1 i m f or the first breaking, and not until after notice is given to 
the owner or agent, if possible, but said last mentioned owner 
shall be liable for double the damage done by his stock. 

Poisoning § 1403. If stock is killed or injured from poisoning crops, or 

'rops. .. , . . . 7 . 

other poisoning upon the premises, the presumption is, that it 
was done by the person in possession and charge of the same, 
when water § 1404. All water courses that are, or have been, navigable, as 

courses are *' . ' ins 

deemed fen- far as navigation has ever extended up said streams, shall be 
deemed and considered fences, whenever, by reason of freshets or 
otherwise, fences cannot be bept on said streams, and shall be 
subject to the rules applicable to other fences. 



CHAPTER X. 

FIRING THE WOODS. 

Section. Section. 

1405. Woods may be tired — when, &c. 140*7. Penalty for firing without notice. 
140G. Notice must be given. 1408. Woods catching- fire by negligence. 

when, and S 1405. No person but a resident of the county where the firing 

by whom c r , . ., fc 

woods may j s done, owning lands therein, or domiciled thereon, outside of 

be fired. . 

any town incorporation, shall set on fire any woods, lands or 
marshes ; nor shall such persons, except between the twentieth of 
February and the first of April, annually. 
one firing § 1406. When such person shall desire to set fire within said 

woods must 

{dvenotk*. time, he shall notify all persons, who occupy lands adjoining him 



FT. 1.— TIT. 15.— Police Kegulations, &c. 273 



Chapter 10. — Firing the Woods. 



by residence thereon, or cultivation, or enclosure of any portion 
of the tract or settlement, of the clay and hour of the firing at 
least one day prior thereto ; such notice need not be given if, on 
a sudden emergency, due caution should require firing to render 
one's premises safe. 

§1407. Any person setting fire in violation of the two prece- penalty for 
ding sections, forfeits five hundred dollars, upon the suit of any without no 
informer — the one-half to him, the other to the Educational Fund 
of the county, and is also liable for the actual damages any per- 
son may have sustained. 

§ 1408. Persons, either by themselves, slaves or agents, who penalty for 
permit fire to get into the woods, lands or marshes through neg- woods 
lect, are within the meaning of said sections, r 



CHAPTER XL 

MILLS AND MILLERS. 

Section. ; Section. 

1409. Grain — in what order ground. 1411. u Public Mills" defined. 

1410. Penalty for failure. ' 

§ 1409. All owners or occupants of mills shall well grind all Grain to be 
clean and dry grain, and in due turn, as far as ten bushels in the fum^ 
turn, as the same may be brought, and may take for toll one- 
eighth part thereof. 

§1410. Every such person who shall not so grind, except inp en aityfor 
time of drought, or for other sufficient cause, or not in due turn, JccofSSjrtf 
or take or exact more toll, shall forfeit and pay, for each offence, 
to the party injured, twenty dollars ; provided-, such miller may 
do his own grinding first. 



tnrn. 



are 



§1411. All grist mills, which grind for toll for any person, are What 
public mills within the meaning of this chapter. pnbhc mills. 



CHAPTER XII. 

GUNPOWDER. 

Section. , Section. 

1412. Transported gunpowder, &c. 1414. Keeping gunpowder, &c. 

1413. Penalty for not marking. 

§ 1412. All owners, agents, or others who have any gunpow- Gunpowder 
der, more than five pounds, transported upon water, railroad orJS^f. 






274 



PT. 1.— TIT. i5.— Police Regulations, &c. 



Chapter 12. — Gunpowder. 



Penalty for 
transportin, 
gunpowder 
contrary to 
law. 



otherwise, shall have the word gunpowder marked upon each 
package so transported in large letters. 

§ 1413. Gunpowder transported in violation of said provision, 
' shall be liable to seizure and forfeiture by any officer who may 
execute a criminal warrant under warrant for that purpose, is- 
sued by any officer who may issue such first named warrants — 
one-half of the same to go to the informer, the other half to go 
to the Military Fund of the State, after public sale, by order of 
the officer issuing the warrant, or one of like power. 

§ 1414. The several incorporated towns or cities of this State, 
within their corporate limits, and the Justices of the Inferior 
Court within their respective counties, out of said corporate lim- 
its, have authority to make and enforce all needful rules and reg- 
ulations touching the keeping of gunpowder so as not to endan- 
ger the lives and property of the citizens. 



Eegulations 
for keeping 
gunpowder, 
<fce. 



TITLE XYI. 

EEGULATIONS OF AGRICULTURE. TRADE AND COMMERCE! 



CHAPTER I. 

BANKS AND BANKING. 

Article 1. Bank Returns. 

Article 2. Obligations and Penalties. 

Article 3. Forfeiture of Charters and Liability of Stockholders. 



ARTICLE L 



BANK RETURNS. 



Section. 

1415. Bank returns — how made. 

1416. Contents of returns. 

141 7. Oath of officers shall be annexed. 



Section. 

1418. Expense of advertising. 

1419. Bank refusing to make returns. 

1420. False affidavit perjury. 



caii for i*mk §1415. It is the duty of the Governor, twice in each year, to 

returns to 

be advertis- advertise for at least two weeks, in a public gazette at the seat 

6d by Gov- ' ' 

emor. of government, a call upon every banking institution of this 
State, and branchthe reof, to make returns to him, under the oaths 
of their several Presidents and Cashiers, of their respective con- 



PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, &c. 275 



Article L — Bank Returns. 



ditions, at a time to be specified in such advertisement, and to 
transmit the same to him within thirty days from said dates. 

§1416. Such returns shall embrace — contents of 

J the returns. 

1. The names of the Presidents and Directors, and a list of the 
stockholders on the day of the regular weekly meeting, of the 
President and Directors next preceding the date of his requisi- 
tion. The list of stockholders may be given but once a year. 

2. The amount of stock owned by each individual or company, 
and the amount of money actually paid in on each share. 

3. The amount of bills on other banks of this State, of gold, 
silver and bullion, in their vaults. 

4. The amount of debts due them, within and without the 
State, so designating them, which may be denominated specie 
funds. 

5. The active or running paper, the amounts in suit under pro- 
test, and not in suit, clearly stating what amount of all such debts 
is good, what doubtful, what bad, and what lost. 

6. The amount of bills in circulation, the amount on deposit, 
and the highest amount due and owing by each bank. 

§ 1417. The original oaths aforesaid shall be annexed to said oath of offi- 

cors to be 

returns, stating them to be just and true, and moreover, that annexed to 

returns. 

since the last return, their respective banks, to the best of affi- 
ants' knowledge and belief, have not violated nor evaded any ob- 
ligation imposed by law, either by itself, its officer, or agents. 

§1418. The banks are required to publish their several reports Expense f 
in some public gazette of this State, at their expense, and on fail- —\>y\ihom 
ing to do so, within thirty days, it is the duty of the Governor pai1 
to make public advertisement of the fact, and to order all collec- 
tors of the public money to refuse to receive their bills. The 
Governor shall also publish the reports, the cost of which the de- 
faulting banks shall be bound for, as a tax levied, which shall be 
collected by execution issued by the Comptroller General. 

§ 1419. Any bank refusing to make out and return said reports, p en aity for 
as required by law, forfeits and pays to the State a tax of two ? e °tuS a ng 
per cent, per month, upon their capital stock, from the time of 
such refusal, to be levied and collected by execution, at the end of 
each month, by the Comptroller General ; the bills of said banks 
shall likewise not be received, as prescribed in preceding section. 

§ 1420. Perjury may be assigned on such affidavits, and the False affida _ 
name of a person signed thereto, authorized to administer an Jj* ls per,)u " 
•oath, shall be evidence of the swearing. 



FT. 1.— TIT. 16.— CHAP. 1.— Agkicuxtuke, Trade, &», 



Article 2. — Obligations and Penalties. 



AETIOLE II. 

OBLIGATIONS AND PENALTIES, 

Section. | Section. 

1421. Prohibitions imposed on banks. j 1428. Violating No. 7 of section 1.421, 

1422. Qualification of section ; 1429. Obligations imposed on banks. 

1423. Certain contracts void. j 1430. Violating No. 1 of section 1420. 

1424. Violation of No 3. section 1421. ; 1431. Proceedings for sucli violations. 

1425. Violation of No. 4 & 5. sec. 1421. ! 1432. Violating No. 2 & 3 of sec. 1429. 

1426. Proof prescribed. j 1433. The term bank — what it includes, 

1427. Violating No. 6, section 1421. 

Prohibitions §1421. The banks of this State shall not— 

bSka edon 1- I^oan money, directly nor indirectly, on any note, bill, draft, 

or contract of any sort, at a greater rate of interest than seven 

per cent, per annum. 

2. Discount or purchase any paper or debt at a greater dis- 
count than said rate. 

3. Sell any kind of exchange, except sight checks, or demand 
or receive for exchange, in or out of this State, of any citizen 
thereof, a greater premium than one per cent, upon the amount 
of exchange sold, when the bills of the bank from which the ex- 
change is sought are presented at its counter in payment thereof. 

4. Issue paper or promises to pay, intended to be used as mon- 
ey, redeemable otherwise than with gold or silver coin, at the 
standard value thereof. 

5. Issue such paper, or pay, or tender in payment, any paper, 
payable at a greater length of time than three days from the date 
thereof. 

6. Issue, pay away, or circulate any bank bill, note, ticket, or 
paper, of the nature or appearance of a bank note, meant for cir- 
culation, of a denomination less than five dollars, with the excep- 
tion that all solvent and specie paying banks may issue small 
bills of the denominations one, two, three and four dollars, to an 
amount not exceeding twenty per cent, of their capital stock, to- 
be computed as part of their circulation. 

7. Issue bills beyond the amount specified in their charter. 
Qualification § 1422. Nothing in the foregoing shall be so construed as to 

ofpreceed- . ... 

™g section, restrict the bank to said rate, in the discount or purchase of for- 
eign bills, either of which may be done at their true market val- 
ue, provided, the rate of discount is not greater than seven per 
cent, per annum, with the rate added of the cost, of transporting 
specie from the point at which the bill of exchange may be pay- 



PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, &c. 277 

Article 2. — Obligations and Penalties. 



able, to that at which it was discounted or purchased, and that 
the said foreign bill is a bona fide commercial bill, and not a loan 
or accommodation by the bank ; and that the exchange is legiti- 
mate commercial exchange, and the transaction not in fact a loan 
or accommodation in which the law is attempted to be evaded 
by resorting to the form of a bill of exchange, foreign bill or 
draft. 

§ 1428. Every contract, note, bill, draft or paper, made in vio- Certaill con . 
lation of the provisions of numbers 1 and 2 of section 1421, and ^^ &c - 
of the next succeeding section, are declared null and void. 

§1424. For a violation of number 3 of the same section, the Penalty for 
person paying the premium may recover three times the amount 3d°item g of e 
of the excess by a summary proceeding before any court having st 
jurisdiction, on which judgment may be rendered at the first 
term. The suit may be either against the bank, its officer or 
agent ; in either case, the property and effects of the bank are 
subject to the judgment. 

§1425. For a violation of numbers 4 and 5 of section 1421, Penaltyfor 
the bank forfeits one thousand dollars for each bill or paper so is- ^5?^ 4tli 
sued, to be recovered by action at the suit of the informer, one- foS^i. 8 ** 
half to go to him, the other half to the Educational Fund of the 
county where the recovery is had. 

§ 1426. The officer or agent who received the premium shall Mode of 
appear without any process than the service of the writ, and bring Sbc5! e 
his book having the original entry of the transaction, and give 
evidence in the case. If he fails to appear, the affidavit or testi- 
mony of the plaintiff shall be received. 

§ 1427. For the violation of number 6 of section 1421, the bank Penalt for 
forfeits live hundred dollars for each small bill so issued beyond Jj^ff*; 1 
the twenty per cent., or amount allowed by charter, to be recov- tion im : 
erecl, as in cases of number 4 and 5, unless a different penalty is 
prescribed by charter. 

§1428. For the violation of number 7 of section 1421, the Penalty fur 
bank so violating, forfeits its charter. Snfof I™ 1 

§1429. The banks of this State shall— tion1421 - 

1. Pay specie for any of their bills, notes, drafts or other obli- obligation 
gations when due and demanded by the holder. iX^ ° a 

2. Receive their own bills, notes, certificates of deposit, or 
other evidence of debt, in payment of debts due them. 

8. Receive their own bills at par, whether issued or made pay- 
able at the parent bank, or any of its branches, in settlement of 



278 PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, &c. 

Article 2. — Obligations and Penalties. 

debts or balances due either, and when notes or other obligations 
are discounted by any bank, and beeome transferred to another 
bank, they continue payable in the bills of the bank where dis- 
counted. 
penalty for § 1430. For the violation of number 1 of section 1429, the 
nemofiec- bank shall pay, besides the legal interest, twenty-fire per cent, 
damages, each of which must be specified in the verdict and 
judgment, and the execution issued thereon shall be collected in 
specie. 
Proceeding § 1431. The Governor shall also cause judicial proceedings to 
iatioT h V1 °* De instituted against such bank for the forfeiture of its charter, 
but the defaulting bank may, within five day's after such demand 
and refusal, produce satisfactory evidence that there was an in- 
debtedness then due to said bank by the person demanding spe- 
cie equal to the amount demanded, and the Governor may, in his 
discretion, forbear or postpone the proceeding. 
Penalty for §1432. For the violation of numbers 2 and 3 of section 1429, 
Znd 3d n items the bank shall forfeit to the debtor twenty per cent, upon the 
1429.° ' amount to be recovered by special suit in his favor, or in any oth- 
er form of litigation between them. The special deposit of the 
proper amount in another bank, or in the hands of a solvent 
stakeholder, with notice to the bank, is a payment. 
The term § 1433. The term bank, includes the parent bank, its branches. 

bank in- ., ' L . . ' 

cindes what, it any, and agencies, its officers of every description, and agents, 
in construing the violation of an obligation or the imposing a 
penalty for the acts of whom the bank or branches, as the case 
may be, is bound. 



ARTICLE III. 

FORFEITURE OF BANK CHARTERS AND LIABILITY OF STOCKHOLDERS. 



Section. 

1434. Bank charter forfeited — for what. 

1435. Proceedings — how instituted. 

1436. Duty of receiver. 

1437. Compensation of receiver, &c. 

1438. Order of paying debts, &c. 

1439. Debts due insolvent banks. 



Section. 

1440. Stockholders may be sued — when, 

1441. Abatement of suit. 

1442. Assignment by bank. 

1443. How set aside. 

1444. Want of assignee — how supplied. 

1445. Stockholder may transfer stock. 



bankcharter §1434. Bank charters are subject to forfeiture for the same 
felted. 6 general grounds as those of other corporations, and also — 

1. For the violation of any of the provisions of their charters.. 



FT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, &c. 279 



Article 3. — Forfeiture of Bank Charters and Liability of Stockholders. 



2. For the violation of any obligation imposed by law, unless 
contrary to the contracts of their charters. 

3. Whenever it is demanded by special enactment. 

§ 1435. When the Governor is informed that a bank incurs the Proceedings 
penalty of a forfeiture, he shall cause the Attorney General to Sow^nS?- 
institute proceedings therefor in the county where the bank or tuted - 
parent bank is located, and in his discretion, may employ assis- 
tant counsel to aid therein, and pay him out of any money not 
otherwise appropriated. If there is a verdict of forfeiture ren- 
dered on the trial, the Judge shall pronounce the judgment for judgment. 
all purposes whatever, saving the use of its corporate name in 
collecting and paying its debts, and in conveying its real and 
personal estate, which power shall be exercised by a receiver ap- 
pointed by the Court for that purpose at that time, or any time, 
upon the application of the prosecuting officer showing good 
cause. 

§1436. It is the duty of such receiver — Duty of re- 

1. To promptly collect the debts due said bank, and to con- 
vert the property into cash or available assets as soon as practi- 
cable. 

2. To pay the creditors pro rata semi-annually, according to 
the dignity of their claims, unless there is sufficient to pay all. 

3. To pay the holders of the bills before other creditors, if they 
give notice of their claims within six months. 

4. To s;ive notice to said bill holders, and other creditors, bv 
a three months' publication in some public gazette of the State. 

5. To make annual returns of his receipts and disbursements. 
to the Judge of the Superior Court of the county at the first term 
held every year ; to produce vouchers and swear to the return, 
which shall be passed upon by said Judge, and entered on the 
minutes by the Clerk. 

(). To distribute the assets after paying all the debts of the 
corporation among the stockholders in proportion to their stock. 

§ 1437. On failure to comply substantially with any of the compen&a- 
above requirements, he forfeits his compensation. His compen- odvcr, &c. 
sation shall be the same as that allowed administrators ; but upon 
special application, the court may allow, for good cause shown, 
additional compensation. 

§1438. If the bank is insolvent, the order of paying off the order of 
debts shall be the same as is prescribed in cases of aclministra-Sfrnsfivent^ 

banks. 



280 PT. 1.— TIT. 16-.— CHAP. 1.— Agriculture, Trade, &€. 

Article 3. — Forfeiture of Bank Charters and Liability of Stockholders. 

tion, to the extent applicable, except where special preference or 
postponement is given by law. 
in what §1439. Debtors are not, in such a case, allowed to pay their 

funds debts " . 7 . ■*; 

due are to be debts to the receiver m Dills 01 the bank at their par value, un- 
paid. . . 

less accompanied by an affidavit that they are the identical bills 

received from the bank by which the debt was created. 

when § 1440. If the assets of the bank are insufficient to pav all its 

stock.liold.Grs " 

are sueabie. liabilities, the receiver shall bring suit against the stockholders 
in his own name for their unpaid stock to an amount which will 
be their proportion for the liquidation of all the debts, and on 
his failure to do so, any creditor may use his name for that pur- 
pose. 
Abatement § 1441. Suits do not abate by reason of a vacancy in the re- 
ceivership, but proceed on motion, and without any scire facias 
in the name of the new receiver. 
Assignment § 1442. When a bank surrenders its charter, or the use thereof, 
it may make, in good faith, an assignment of all its effects for the 
payment of its debts, as natural persons may, but it cannot there- 
by prevent such preference among its creditors as the law gives. 
How it may §1443. A creditor or stockholder may move, in six months, to 
set aside such assignment, by petition addressed to the Superior 
Court of the county where the bank is located, setting forth the 
grounds of complaint which shall stand for trial before a special 
jury at the first term of the court. If the assignee resides in the 
county, he must be served as in other cases; if not, the leaving 
a copy at the banking-house shall be sufficient service ; the ser- 
vice shall operate as an injunction, until the judgment of the 
court. If the assignment is set aside, a receiver must be ap- 
pointed. 
How want § 1444. A good assignment shall not fail for the want of an as- 
may blTe 6 - signee, but the court, in vacation or term time, may appoint a 

receiver who shall execute the assignment. 
How stock- § 1445. When a stockholder in any bank or other corporation 
bank, &«., is individually liable under the charter, and shall transfer his 
ferhis' stock, he shall be exempt from such liability, unless he receives 
a written notice from a creditor within six months after such 
transfer, of Ids intention to hold him liable ; Provided, he shall 
give notice once a month for six months of such transfer, imme- 
diately thereafter in two newspapers in or nearest the place where 
such institution shall keep its principal office. 



stock. 



PT„ 1.— TIT. 16.— Agriculture, Trade, &g. 

Cliapter 2. — Notaries Public. 



281 



CHAPTER II. 

NOTARIES PUBLIC. 



Segtiok. 

1446. By whom appointed. 

1447. Their oath of office. 

1448. Their term of office. 

1449. Their qualification. 



Section. 

1450. Their jurisdiction. 

1451. Their authority. 

1452. Must have a seal, &c. 



§1446. The power to appoint Notaries Public is vested in ^Notaries 
■Justices of the Inferior Court, exclusively. vhomap-' 

§1447. Before entering on the duties of their office, they shall otth off- 
take and subscribe, before the Clerk of the Inferior Court, the ff" es Pni> " 
following oath, which shall be entered on his minutes : 

" I swear that I will promptly, faithfully and impartially dis- 
charge all the duties the law requires of me as a Notary Public 
in this county, whenever requested, to the best of my skill and 
knowledge. So help me God.' 1 

§ 1448. They hold their offices for four years, revocable at any Their term 
time by said Justices, at the end of which time, if continued, of office ' 
they must be renewed on the minutes. The Clerk must issue to 
them certificates of their appointment and qualification, and keep 
a register of their names. 

§1449. A Notary must be twenty-one years old, or an attor- Age and 
ney at law, and of good moral character. Notary** ° f 

§ 1450. Their notarial acts can only be exercised in the county where their 
-of their residence and appointment. Removal from the county be Tx™ T 
vacates the office. 

§1451. They have authority — 

1. To take the acknowledgements of all writings relating to Authority of 

o & o Nota-nee 

commerce or navigation, and to witness such deeds and papers 
as they are permitted to by law. 

2. To demand acceptance and payment of all commercial pa- 
per, or paper entitled to days of grace, and to note and protest 
the same for non-acceptance or non-payment. 

3. To certify to all official acts when required. 

4. To administer oaths in all matters incident to them as com- 
iinercial officers, and in all other matters when specially permitted. 

5. To exercise all other powers incumbent upon them by com- 
mercial usage or the laws of this State. 

§ 1452. For the authentication of their notarial acts, each No- Notarial 
tary must provide a seal of office, which shall have for its impres- register, 



. | 



28^ 



PT. 1.— TIT. 16.— Agriculture, Trade, &c. 



Chapter 2. — Notaries Public. 



sion his name, officially, and the name of the State and county 
for which he was appointed. After the first of January, 1862, 
a scrawl shall not be a sufficient notarial seal. He must keep a 
fair register of all his notarial acts signed by him, together with 

the date of the 'transaction. 



CHAPTER IV. 

SHIPS AND SEAMEN. 



Article 1. Pilotage. 
Article 2. Seamen. 



Commis- 
sioners of 
Pilotage — 
how ap- 
pointed. 



ARTICLE I. 



PILOTAGE. 



Section. 

1453. Commissioners — how appointed. 

1454. Their powers. 

1455. Pilot's oath and license. 

1456. His bond. 

1457. Forfeiture of license. 

1458. Commissioners powers and duty. 

1459. License — non-user of 

1460. Pilot's duty. 

1461. Master rejecting pilot. 

1462. Pilot bringing in vessel. 

1463. Pilot may have a substitute. 

1464. Notice to pilots. 

1465. Pilot must moor vessel. 

1466. His fees — payment of 

1467. Carrying off or detaining pilots. 

1468. Fees of pilot boat in certain cases. 

1469. Letters — delivery of 

1470. Pilot's fees in special cases. 

1471. Pilots in default — penalty. 

1472. Damages to — by whom settled. 



Section. 

1473. Record of rules must be kept. 

1474. Subject to inspection. 

1475. Commissioners office — where kept. 

1476. Compel attendance of witnesses. 

1477. May punish defaulting witnesses. 

1478. Witnesses may be cited. 

1479. Subpoenas and interrogatories. 

1480. Fees for serving and executing. 

1481. Appeal — when allowed. 

1482. Testimony after appeal. 

1483. Fees, &c. — how disposed of. 

1484. Pilots receive certificates — when. 

1 485. Branch pilots — how appointed. 

1486. Penalty for discharging ballast, &c. 

1487. Proceedings against master. 

1488. Pilot failing to give notice. 

1489. Incorporated towns — powers of. 

1490. Suits — by whom brought. 

1491. Present commissioners continue. 



§1453. The corporate authorities of Savannah, Darien, Bruns- 
wick and Saint Marys, shall have power respectively to appoint 
Commissioners of Pilotage, not exceeding seven in number, for 
each place, of whom a majority shall be a quorum as follows, 
that is to say : the authorities of Savannah for the Bar of Tybee, 
and River Savannah, and the several bars and inlets north of 
Sapelo Bar ; the authorities of Darien for Sapelo Bar, and River 



FT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 283 

Article 1. — Pilotage. 

Altamaha, and for the several bars and inlets south of Sapelo 
Bar as far as St. Simon's Bar ; the authorities of Brunswick for 
the Bar of St. Simons and Turtle River, and the several bars 
and inlets north of the Great Satilla River, and the authorities ■ 
of St. Marys for the bar of the Great Satilla River, the Bar of 
St. Marys, and all bars and inlets between the two. All vacan- 
cies shall be filled by such corporate authorities respectively in 
the Board of Commissioners in which a vacancy shall occur, but 
no owner or part owner of a pilot boat shall be allowed to act as 
Commissioner of Pilotage. 

§ 1454. The said Commissioners are empowered to license such powers of 
persons being citizens of the Confederate States, of good char- doners of 

Pilotage. 

acter, as they shall think most fit to act as pilots for the conduct- 
ing of vessels inward to, and outward from, the several ports for 
which they shall be licensed during their good behavior. Pilots 
already licensed for any of said ports shall continue to act until 
removed for cause. No person other than a duly licensed pilot 
shall be entitled to receive any fee, gratuity or reward for con- 
ducting or piloting any vessel inward to, or outward from, any 
of the ports or harbors for which a pilot shall be licensed ; any 
person so acting without authority, or interfering with or dis- 
turbing a licensed pilot in the way of his duty, may on convic- 
tion be fined and imprisoned at the discretion of any court 
having jurisdiction, but any person may assist a vessel in distress 
without a pilot on board, if such person shall deliver up the 
vessel to the first pilot who comes on board and offers to con- 
duct it. 

§1455. The license to a pilot must be in the form of a certifi- pilot's h- 

/»-,. . , . -, i • -it 'a p cense and 

cate oi his appointment, which must be signed by a majority otoath. 
the commissioners, or by their chairman, by their direction, and 
each pilot on receiving his license shall take and subscribe an 
oath in the following form : 

" I, A B, appointed pilot for the port and harbor of ■ — , 

do swear that I will faithfully and according to the best of my 
ability perform the duties of a pilot in and for the said port and 

harbor of , and will at all times, wind, weather and health 

permitting, use my best endeavors to repair on board every ves- 
sel I shall see, and conceive to be bound for, coming into, or 
going out of the said port and harbor, unless I am well assured 
there is some other licensed pilot on board the same ; that I will 
from time to time make the best dispatch in my power to con- 



284 PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 

Article 1. — Pilotage. 



vey any vessel committed to my charge coming into or going out 
of said port and harbor, and will at all times well and truly 
observe, fulfill and follow to the best of my skill and judgment 
all such orders and directions as I may receive from the Com- 
missioners of Pilotage in all matters and things relating to the 
duty of a pilot." 
riot's bond. §1456. Before receiving' 1 Iris license the pilot must make and 
deliver to the commissioners a bond payable to the chairman of 
the board, and his successor in office, in the penal sum of two 
thousand dollars, with security, to be approved by the commis- 
sioners, and with condition faithfully to perform his duties as 
pilot, which bond shall be renewable at the discretion of the 
Commissioners, with such security or additional security as they 
may require. 
Lieense of § 1457. The commissioners may deprive any pilot of his li- 
Srfeited°. w cense for want of skillfulness, for a wilfull violation of his duties, 
or the orders, or regulations of the commissioners; for negli- 
gently, or carelessly losing, or injuring any vessel in his charge, 
or when laboring under mental derangement, or when so addicted 
to habits of intoxication as to unfit him in their judgment to be 
entrusted with the charge of a vessel, but in every such case an 
appeal may be had as is hereinafter provided. 
Power and § 1458. The commissioners shall have power, and it is their 
eonfm°is- duty to prescribe rules and regulations for the government of 
pilotage" pilots, and to prescribe the fees for their services, and they may 
also impose such penalties for neglect of duty, not inconsistent 
with this law, as they may think proper, but until altered by 
competent authority the fees of pilots shall remain as now fixed 
by law. 
Lieense for- § 1459. Any pilot who fails to act as pilot for three months, or 
nlnweJr absents himself for ten days at any one time without leave of 
and absence, ^q commissioners may be deprived of his license ; and any 
pilot who shall, with knowledge of the arrest of any vessel under 
civil process from any court of record of this State, conduct or 
pilot such vessel out of the port or harbor where such arrest is 
And for pi- made, and whilst such vessel is in charge of a civil officer, shall 
nnder arrest, forfeit his license, and be forever disqualified from acting as 
pilot, besides forfeiting such sum as a jury may assess for 
damages. 
£te 7 ° f pi § 1460. Every pilot boat cruising, or standing out to sea, must 
offer the services of a pilot to the vessel nearest the bar, unless a 



PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 285 

Article 1. — Pilotage. 



g ir vesse; 
as a right 
to lead j t on t 



vessel more distant be in distress, under penalty of fifty dollars 
for each and every neglect or refusal, either to approach the 
nearest vessel, or to aid her if required, or to aid any vessel in 
sight showing signals of distress ; and the commissioners, or a 
majority of them, may for such neglect or refusal deprive the 
pilot of his license. 

§1461. Any person, master or commander of a ship or vessel Master re- 
bearing towards any of the ports or harbors of this State, except to pay his 
coasters in this State, and between the ports of this State and 
those of South Carolina, and between the ports of this State and 
those of Florida, and who refuses to receive a pilot on board 
shall be liable, on his arrival in such port of this State, to pay 
the first pilot who may have offered his services outside the bar, 
and exhibited his license as a pilot, if demanded by the master, 
the full rates of pilotage established by law for such vessel. 

§1462. The pilot who brings a vessel into port shall have the Pilot brifi _ 
exclusive right to take her out, unless the master of such vessel h " 
shall prove to the satisfaction of the commissioners that such pi 
lot misbehaved himself whilst in charge of the vessel, or was, in 
the mean time, deprived of his license, or that such pilot had ob- 
tained the inward pilotage against the right of some other pilot, 
first offering his services, and, in any of these cases, another pilot 
may be employed. 

§ 1463. Any pilot having the right to take a vessel out of port PiIot may 
may attend in person, or procure another person out of the pilot- J^, r pnbs 
boat to which he is attached, to attend for him ; and if any mas- 
ter or owner of any vessel in port, employ any other pilot to car- 
ry his vessel down the river, or to sea, but the pilot who brought 
her in, or one belonging to the same boat, unless good and suffi- 
cient cause shall appear therefor, on due proof thereof before the against mas- 
commissioners, he shall be liable to a fine, not exceeding one hun- ploying an- 
dred dollars, one-half to the pilot lawfully claiming the pilotage 
of the vessel; but should such pilot neglect or refuse to attend, 
and carry down such vessel when ready for sea (wind, weather 
and tide permitting) when thereunto required by the master, 
owner or consignee, such pilot shall, on conviction thereof, before r,nait y 
the Board of Cominisioners, forfeit the upper pilotage of such for not goim' 
vessel, and be liable to a fine, not exceeding one hundred dollars, sei. 
and any pilot acting on board such vessel, when he has no right, 
shall be liable to the same penalty ; Provided, the commission- 
ers have not sufficient evidence of the necessity of Lis acting, and 



286 PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 

Article 1. — Pilotage. 

Penalty for shall, moreover, be liable to the pilot having the right for carry- 

piloting ' ' x o • o J 

without ino- the same vessel out. 

right. ° . 

Pilot to be §1164. The master of a vessel m readiness to leave must, if 
vessefs de- practicable, give notice to the pilot entitled to conduct the vessel 
out, of his intention to leave, or to some other pilot belonging to 
the same boat ; .Provided, such pilot be at the place of departure 
of such vessel, or near thereto. 
pilot must §1465. Every pilot, in any of the harbors aforesaid, bringing 
' any vessel to anchor in any of said harbors, shall moor such ves- 
sel, or give proper directions for the mooring of the same, and 
the safe riding thereof, subject only to the legal harbor regula- 
tions of each port. 
pilots fees § 1466. A pilot bringing a vessel into port shall be entitled to 
before ves- his fees before her departure from port, to be paid in advance, or 

sel leaves. 

security given for the payment, and on failure thereof, he may 
refuse to carry the vessel out, and all fees for pilotage may be de- 
manded and recovered, in any court having jurisdiction, from 
the owner, master, or consignee of the vessel, and if any licensed 
pilot shall ask or demand more fees for his services than are speci- 
fied in the rates of pilotage, on due proof thereof before the com- 
missioners, he shall forfeit double the amount of such vessel's pi- 
lotage. 
Penalty for § 1467. The owner, master, or consignee of any vessel carrying 

carrying off * ' _ ' . -, . 

or detaining on any pilot oi such vessel, and against his consent, to any port, 
either foreign or on the coast, shall be liable to such pilot, in an 
action on the case, for the payment of all reasonable expenses, 
and for the further sum of not exceeding three dollars a day, dur- 
ing the necessary absence of the pilot ; Provided, the carrying 
away of such pilot be not owing to any default, misconduct, or 
negligence on his part, and the master of a vessel detaining a pi- 
lot on board his vessel, the wind and weather permitting him to 
go to sea, shall be liable to pay such pilot three dollars a day for 
every day he is so detained. 
Pees of pilot- §1468. When any pilot boat, belonging to a different pilot 
ing pilot than the one who may have conducted a vessel out to sea, takes 

"fpOTTl VPSSfl 

such pilot off from such vessel, such pilot boat shall be entitled 
to one-third of the pilotage, 
pilot's fees § 1469. Whenever a vessel shall touch off the bar of Tybee, 

for deliver- _ . ... ^ ,, ^ 

ing letters, tor instructions, any pilot delivering on board such vessel any 
letters or orders, shall be allowed full bar or Cockspur pilotage in 
and out. 



PT. 1.— TIT. 10.— CHAP. 4.— Agriculture, Trade, &c. 287 



Article 1. — Pilotage. 



§ 1470. Any pilot belonging to any port in this State, meet- Pilot's fees 

J L tit • • for ca "7 in K 

ing at sea with any vessel bound to another port within the vessel to 

° " •ni-i r» anot her 

same, shall, if capable, and thereunto required, take charge of, port. 
and pilot such vessel into such port, and shall be paid two dol- 
lars per day for every day such pilot may be on board such ves- 
sel at sea, without the bars, over and above the usual rate of 
pilotage, and no other pilot shall interfere while the former is 
willing to continue his services. 

§1471. If any vessel whatsoever, or the cargo or freight there- Default of 
of, shall receive any damage or miscarriage, or be lost, through punished, j 
the negligence or default of any pilot, after such pilot takes 
charge of the same, and the claim exceeds one hundred dollars, 
the said pilot shall, in such case, on conviction thereof before 
any court of record in this State, be obliged to answer and make 
good to the sufferers, or the master of said vessel, all and every 
the damages which he shall sustain thereby. 

§1472. All other cases of damage or difference that may arise other cases 
or be made against any master or pilot, for or concerning the to beseSed 
pilotage of any vessel, or any other matter relative to the busi- 7 c 
ness or care of a pilot, in any of said harbors, shall be heard and 
determined by the commissioners, or a majority of them, ap- 
pointed for the care of the pilotage where such damage or dispute 
shall arise, who by their decree or order shall lawfully decide 
and regulate every such damage or difference, and who shall 
have power to enforce such decree or order by execution or war- 
rant of distress under their hands and seals, or the hands and 
seals of any three of them, directed to any Sheriff or Constable 
of the county where such execution issues, commanding the sale 
of the offender's goods, or so much thereof as shall be sufficient to 
satisfy such execution or warrant, and all sales thereunder shall 
be conformable to the laws of the State in other cases of sale ; 
and such Sheriff or Constable shall be liable to be ruled before 
the Judge of the Superior Court as in other cases, in term time or 
vacation, for any default in duly executing such process, but in 
case of a sentence or judgment for more than twenty dollars, an 
appeal may be had, as is hereinafter provided. 

§ 1473. The commissioners shall preserve, in a neatly bound commissars 
book, a record of ail their acts, and of the rules and regulations record of 
adopted by them for the direction and government of the pilots ; l 
but in the city of Savannah, such rules and regulations shall not 
be operative until approved by the city council. They must 



288 PT. 1.— TIT. 10.— CHAP. 4.— Agriculture, Trade, &c. 



Article 1. — Pilotage. 



designate one of their number as chairman, and cause a record 
thereof to be made, and prescribe such fees for the service of 
the pilots, and impose such fines and penalties, not inconsistent 
with the provisions of this chapter, as they may deem expedient. 
They must also preserve upon reeorcl, a list of all persons ap- 
pointed pilots by them, as well as those by them suspended. 

re 6 to S ° f sec ' § 147-i. All persons interested shall have access to, and be per- 
mitted to have copies of the records, and copies thereof certified 
by the chairman or secretary shall be presumptive evidence of 
the facts therein stated. The secretary of the commissioners 
shall have such salary or fees as the commissioners may deter- 
mine, and such salary or fees shall be paid out of fines and for- 
feitures, or such other fund as shall be under the control of the 

office and commissioners. 

records of 

commission- g 1475. The office of the commissioners must be kept in some 
suitable place, of which the public shall have notice, and their 
books, papers and records may be kept in such office, or in the 

oommis- office of any court of record in the county. 

sioners may " 

compel at-" .§ 1476. When the attendance of any person shall be required 

tendance of ° .'','. 

witnesses. as a witness before the commissioners of pilotage in any matter r 
or claim of which they shall have jurisdiction, it shall be the du- 
ty of their secretary, on application, to issue summonses in the- 
nature of writs of subpoena, to be signed by him and directed to 
the persons whose attendance shall be required, when such per- 
sons reside in the county where such matter or claim may be de- 
pending. The summons shall express the cause, and the party , 
at whose suit it shall be issued, and shall be served on such wit- 
nesses at least twenty-four hours before the meeting of the com- 
missioners, to which it shall be returnable, and it shall be served 
by the messenger of such commissioners, or a Constable, and the 
return of such officer, shall be evidence of the service of the 
subpoena. 

Sifting h § 1477. Any witness thus summoned, whose testimony shall 
appear to be material, and who shall fail to appear, may be at- 
tached by the commissioners, and the attachment shall be directed 
to a Sheriff or Constable, and made returnable to the next Supe- 
rior or Inferior Court of the county, and such court may fine- 
such witness in a sum not exceeding one hundred dollars, unless 
a good excuse be made to the Judge of said court, but such wit- 
ness shall nevertheless be liable to action at the suit of the party 
injured by such non-attendance. 



witnesses. 



PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 289 



Article 1 — Pilotage. 



§ 1478. When any witness may be a seaman or transient per- May cite 

o J <J x witnesses to 

son, the commissioners may issue subpoena to such witness by™werta- 
their Secretary, requiring such witness to appear at a time and ries - * 
place therein stated, before any Justice of the Peace, or of the 
Inferior Court of the county, to answer written interrogatories to 
be propounded to him. 

§ 1479. The subpoena must be served twenty-four hours be- service of 
fore it is returnable, and notice, for the same length of time, & c . peK 
must be given to the adverse party, or attorney, agent or con- 
signee of the time and place pf putting such interrogatories. 
The officer taking the depositions shall seal up and properly en- 
dorse and return such depositions, which may be offered by con- 
sent or by order of the commissioners, and shall stand in the 
place of the oral examination of such witness, when his personal 
attendance cannot be procured. 

§ 1480. The Secretary's fees, for each subpoena, shall be twen- Fees for 
ty-five cents ; for each attachment, fifty cents ; for examining a SjJ g & ™ b " 
witness, the Justice of the Peace shall receive one dollar ; the 
Sheriff or Constable, for serving any subpoena, shall receive twen- 
ty-five cents, and for executing and returning an attachment to 
court, fifty cents. 

§1481. In any case where a pilot shall be suspended, or where Appeal from, 
a fine exceeding the sum of twenty dollars shall be imposed byofcomSis- 
any judgment or decision of the Board of Commissioners, or where 
the license or warrant of a pilot shall be revoked, then the per- 
son so fined, or the pilot so suspended, or whose license or war- 
rant shall be revoked, may petition the Judge of the Superior 
Court of the county where such judgment or sentence may be 
made, setting forth, on oath, the circumstances of the case, a copy 
of which petition shall be served on the acting chairman or sec- 
retary of such board at least three days before the return of any 
rule thereon, and if, on reading such petition, the Judge shall 
think there is sufficient ground for the allowance of an appeal, 
he shall therein direct an issue to be made up between such com- 
missioners and the appellant, which issue shall be tried by a spe- 
cial jury, as in other appeal cases, at the next term of the Supe- 
rior Court, unless good cause be shown for a continuance ; and if, 
upon such trial, a verdict shall be rendered in favor of the appe- 
lant, the said Judge shall make a rule remitting such fine or re- 
storing the suspended pilot, or the pilot whose warrant or license- 
may have been revoked as aforesaid. 
19 






290 PT. 1.— TIT. 16.— CHAP. 4.— A&riculture, Trade, &c. 

Article 1. — Pilotage. 

commis- §1482. In the case of an appeal, as aforesaid, commissions 

take testi- may issue to take the depositions of any person not a resident of 

mony, &c. , , , , -. 

the county, or whose oral testimony cannot be conveniently had, 
as in other cases, before such Superior Court, but no such com- 
missions shall issue but upon three days' notice to the opposite 
party, by service of a copy of the interrogatories to be exhibited 
as in other cases. 

rmes and § 1483. All fines and forfeitures collected by the commission- 
forfeitures TT T f> 1 T 

how dis- ers, shall be applied towards payment of the ordinary expenses 
of the board, and the residue shall be expended by the commis- 
sioners towards improving the navigation of the port or harbor 
where such fines and forfeitures are inflicted. 
Pilots— § 1481. No person shall receive a certificate to act as pilot mi- 

celle cerSfi- til he shall have served two full years in a decked boat, and have 
given satisfactory evidence of character and skill, and every cer- 
tified pilot shall serve eighteen months before he shall be entitled 
to an increased authority, but, in case of emergency, such addi- 
tional pilots may be appointed, as the Mayor or other chief offi- 
cer of the port may determine, the foregoing restrictions to the 
contrary notwithstanding. 
Branch pi- §1485. All branch pilots must be appointed by the commis- 

lots — how . , , , , , 

appointed, sioners, and whenever a vacancy occurs m a branch, the person 
who has served the longest time as an apprentice must, if deemed 
competent by the commissioners, be appointed to the vacancy ; 
but no person can hold a branch who is not engaged in pilotage. 
Penalty for § 1486. If any master of a vessel, or water-craft of any descrip- 
baiiastm ° tion, shall throw, or permit to be thrown from on board such ves- 
sel or water-craft, into any of the waters of any bay or harbor of 
this State, or within three miles of the outside bar of any such 
bay or harbor, any stone, gravel or other ballast, he shall forfeit 
a sum not less than five hundred, nor more than two thousand 
dollars for any such offence, and may be imprisoned not exceed- 
ing three months, at the discretion of the court, one-half the for- 
feiture to be paid to any one first giving information of the of- 
fence to the commissioners, and the other half to the use of the 
commissioners of said harbors, respectively, for improvement of 
navigation. 
Proceeding § 1487. Upon the commissioners receiving satisfactory evidence 
of preceding of the offence specified in the precedino; section, it shall be their 

section. f- •" t "j* n • i r» ^ 

duty to proceed to recover such forfeiture, by process of attach- 
ment, in the name of the State, which may be issued, as other at- 



PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 291 



Article 1. — Pilotage. 



tachments, on the oath of the informer, or of one of the commis- 
sioners, and be levied on the vessel from which the offence was 
committed. The vessel may be replevied by the master, owner 
or consignee, by giving bond, payable to the State, in double the 
amount of the penalty, with condition to have the vessel forth- 
coming to satisfy such judgment as may be rendered in the suit. 

§ 148 8. It shall be the duty of every pilot, having knowledge penalty 
of the commission of the offence specified in the two preceding fXfnclai- 
sections, to give, as soon as practicable thereafter, information offence, 
thereof to the commissioners, and, failing to do so, such pilot 
shall be deprived of his license, and be thereafter forever disqual- 
ified for the office of pilot. 

§1489. The City Council of Savannah shall have authority toincorpo- 
prohibit, under proper penalties, the throwing or depositing in the may prohibit 
Savannah river, and within the jurisdictional limits of said city, charge of 
of any substance of any nature or kind which might, in any de- navigable 
gree, lessen the depth of the water in said river, or any part 
thereof within said limits, and the same authority is hereby vested 
in the corporate authorities of the other towns, respectively, as to 
navigable waters within their respective jurisdictions. 

§ 1490. The same Boards of Commissioners are hereby author- Su i t8 m the 
ized, in their own names, or in that of their chairman, respec- commis- 
tively, as such, to sue for and recover, to their own use and the S1 ' 
improvement of navigation, any forfeiture which may accrue un- 
•der this chapter, which is not otherwise specifically appropriated. 

§1491. All existing appointments of Commissioners of Pilot- Present 
age, and of officers under the same, as well as their rules and reg- l^Zf, &c, 
ulations, not contrary to law at the time of the adoption of this stand g00d 
Code, shall continue good and valid in law, according to their 
nature and terms, until superseded by authority of this Code. 



AETICLE II. 

SEAMEN". 

oSection. . | Section. 

1492. Defaulting seamen — how punished I 1498. Penalty for such shipping, &c. 

1493. Proceedings against deserters. ! 1499. Boarding vessel to abduct seaman. 

1494. Seamen not to be credited. 1500. Abducting seaman. 

1495. Sale of liquors to seamen. 1501. Harboring deserted seamen. 

1496. Certificate of discharge. 1502. Illegal arrest of seamen. 
1491. Shipping an articled seaman. 



292 PT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 

Article 2. — Seamen. 

Penalty 8 1492. Any seaman having entered or shipped himself on* 

against sea- . . • r? . 

men absent- board any vessel within this State, or which shall come to the 

ing them- d 

selves. same, and having signed a contract with the master or com- 
mander thereof to proceed upon any voyage therein mentioned, 
who shall absent himself from any such ship or vessel for twenty- 
four hours without leave of said master or commander, or other 
chief officer having command of such vessel, or who shall neglect 
or refuse to perform his duty on board the same, or refuse to 
proceed on the voyage mentioned in such contract, may be ap- 
prehended on warrant from any Justice of the Peace within his 
jurisdiction upon application being made to him by such master 
or commander under oath, and upon proof of such absence with- 
out leave, or of such neglect or refusal as aforesaid he may be 
committed to jail, or other secure place, for any time not exceed- 
ing thirty days, or until the sailing of such vessel, and the charge 
of apprehending, committing and maintaining such seaman du- 
ring his confinement as aforesaid shall be paid by the complain- 
ant, and by him be deducted out of the wages due, or to be due, 
such seaman, but no seaman shall be received by the jailer until 
security shall have been given for the maintenance and jail fees- 
of such seamen. 
Proceedings §1493. The Judge of the Superior Court, or Judge of any 
m?n n a ndap- City Court, or a Justice of the Inferior Court, or Justice of the 
prentices. p eace f the County, or any similar officer of any seaport or 
county, on oath made before him that an articled seaman or 
apprentice has deserted or absconded from a vessel, describing 
said seaman and , vessel, and that he is harbored or secreted by 
some person, (describing him,) in a certain place (describing it,) 
may issue his warrant, directed to any lawful officer of the coun- 
ty, authorizing a search for and seizure of such person in the place 
designated, and to fully execute such warrant. Any person resist- 
ing such search or seizure may be fined and imprisoned at the 
discretion of any court having jurisdiction. 
credit not to § 1494. It shall not be lawful for any person to give credit to 
^aSln^* an 7 seaman belonging to any vessel within this State, having 
signed any contract to proceed therein, for any sum exceeding 
one dollar, except by leave of the master or commander of such 
vessel, on pain of forfeiture of the moneys or goods so credited, 
§ 1495. It shall not be lawful for any keeper of a tavern or 
tippling house, or any other person selling intoxicating or spirit- 
uous liquors, to sell any such liquor to. any seaman belonging to 



PT. 1,.— TIT. 16.— CHAP. 4— Agriculture, Trade, &o. 293 



Article 2. — Seamen. 



any vessel, and who may have signed any contract, to the amount Entertain- 

„ J , i • /. iQ % or fur - 

of more than thirty cents m any one day, or to entertain or suf- niskmg sea- 

•' ** ' J 7 , , men with 

fer any such seamen to drink in such tavern or tippling house, spirituous 

J ^ , . liquors pro- 

or furnish such seamen with liquor after the hour of nine o'clock Mbited. 
at night, unless with the consent of the master or commander of 
such vessel, and any person offending against any of these pro- 
visions may, on conviction, be fined in a sum not exceeding fifty 
dollars, or be imprisoned in the common jail for not more than 
thirty days. 

§1496. Any seaman whose contract with any master or com- 8eamen may . 
niander of any vessel, within the State, for the performance of tS& oT 
any voyage therein specified shall be determined, may demand dlschar ^ e - 
from him a certificate thereof, and of his discharge, and on refu- 
sal to give such certificate, without just cause, any two Justices 
of the Peace, upon due application, and proof thereof, may give 
the same, which shall be of equal force as if given by such mas- 
ter or commander, who shall be liable, civilly, to pay one dollar 
for such certificate so given by such Justices, and shall, moreover, 
on conviction before any court of competent jurisdiction, be liable 
to a fine of fifty dollars for such refusal. 

§ 1497. No master or commander of any vessel, or other per- Hiring, re- 
son, within this State, shall hire, receive, entertain or ship any Srtafnfng? 
seaman belonging to and pretending to be discharged from any JLmen P pro- 
vessel, without a certificate of discharge being in possession of 
such seaman, under the penalty of fifty dollars for every such 
offence, and the same penalty may be inflicted on any person 
keeping or attending any ferry within this State, who shall wil- 
lingly transport, or suffer to be transported over such ferry any 
fugitive seaman not having a certificate of discharge as afore- 
said. 

§ 1498. If any sailor boarding house keeper, a runner, or ship- p enalty for 
ping master, or other person shall hire, receive, or entertain, or eSSfg, 1 ^ 
ship any seaman belonging to or pretending to be discharged seamen^- 
from any vessel without a certificate of discharge being in pos- trar7 1( 
session of said seaman, or shall aid or be concerned in any man- 
ner in the shipping, or offering to ship such seaman, the person 
thus offending shall be fined and imprisoned at the discretion of 
the court. Any order given by such seaman for advance wages 
shall be void. 

§ 1499. If any person shall board any vessel in any port or 
harbor, or on any of the waters of this State, with intent to in- 



294 FT. 1.— TIT. 16.— CHAP. 4.— Agriculture, Trade, &c. 

Article 2. — Seamen. 

Boarding veisle, entice, convey away, abduct, with or without violence, or ■ 

vessel for to ' ' J . J \ ' , ' 

the purpose secretly carry on any articled seaman or apprentice from such 

of abduction -./'"■ . 

—how pun- vessel, or shall afford any conveyance or facility to such seaman 
or apprentice to leave such vessel, such person so offending shall 
be liable to indictment, and on conviction shall be fined, or im- 
prisoned, or both, at the discretion of the court. 
Aiding sea- § 1500. If any person shall aid any articled seaman or appren- 
prtnSceTto tice to desert from his vessel, while within the waters of this 
punished.° w State, or shall inveigle, entice, convey away, abduct or carry, 
with or without violence, or secretly carry off any articled sea- 
man or apprentice from any such vessel, such person so offending - 
shall be liable to indictment, and on conviction shall be liable to 
fine, or imprisonment, or both, at the discretion of the court. 
Harboring § 1501. If any person shall harbor, secrete, entertain, lodge or 
apprentices, keep, or shall directly or indireectly suffer to be harbored, secret- 
ed, entertained, lodged or kept in or about his house or premises, 
any articled seaman or apprentice, knowing such seaman or ap- 
prentice to have deserted from his vessel, such person shall be • 
liable to indictment, and on conviction, be fined in a sum of not 
more than five hundred dollars, or imprisoned, or both fined and 
imprisoned at the discretion of the court. 
vexatious § 1502. The law in respect to the vexatious arrest and deten- 

arrest and „ _ • -in • «i -i • • 

detention of tion ot seamen, and to summary trials oi causes, civil and crimi- 
nal, in which seamen and the captains and consignees of vessels 
may be concerned, shall be as is provided in this Code, but if 
any provision in this Code contained shall conflict with the Code 
of the City of Savannah, appended hereunto, the said Code of. 
Savannah shall prevail within the corporate limits of said City.. 



Code. 



PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 295 

Article 1. — Flour, Corn Meal and Grain. 

CHAPTER V. 

INSPECTION. 

Article 1. Flour, corn meal and grain. 
Article 2. Wood, turpentine, timber, etc. 



ARTICLE I. 



Section - . 

1503. Inspectors — by whom appointed. 

1504. Bolted flour shall be merchantable. 

1505. Flour barrels — dimensions, &c. 

1506. Flour shall be inspected — when. 

1507. Fraudulently packing hour. 



Section. 

1508. Inspector cannot purchase. 

1509. Selling without inspection. 

1510. Inspector's oath. 

1511. Corn meal, corn and other grain. 



§ 1503. The Inferior Courts in the several counties of this inspectors- 
State shall have power to appoint annually, one person of good appliS. 
repute, to be inspector of flour in their respective counties, but 
the same power may be exercised exclusively in any corporate 
towns within their corporate limits ; vacancies in such office of 
inspector may be filled by the appointing power as soon as may 
be after the happening of any vacancy. 

§ 1504. All bolted wheat flour, and every cask thereof, brought Boltedflour 
to the places aforesaid for sale, shall be made by the miller or e£antab™ er " 
manufacturer thereof, merchantable and of due fineness, and 
without mixture of coarse flour, or the flour of any other grain 
than wheat. 

§1505. All flour barrels packed for sale shall be well made, Floor fear- 
and of good material, twenty-seven inches in length, tightened made and 
with at least ten hoops, and sufficiently nailed, with the tare must con^ 
plainly marked on the head thereof, and every miller or bolter 
shall put into a barrel the full quantity of 196 pounds of flour, 
and shall put into every half barrel, the quantity of 98 pounds 
of flour, and on failure thereof, shall forfeit and pay the sum of 
four dollars for each barrel or bag, to be recovered by any infor- 
mer before any Justice having jurisdiction thereof, one-half there- 
of to go to the informer, and the other half to the county or 
corporation having the appointment of inspector. 

§ 1506. All barrels, half barrels, and bags of flour brought to Flour shall 
any place of inspection for sale, shall be submitted to the view teYibrTn-" 
and examination of the inspector, who shall expeditiously inspect S' orx ~ 
the same by boring into the barrel, half barrel or bag, from head 






296 PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 



Article 1. — Flour, Corn Meal and Grain. 



to head or end to end, with an instrument of not more than three- 
fourths of an inch in diameter, to be by him provided for that pur- 
pose, and if he shall judge the same well packed and merchantable, 
he shall plug the hole and brand the barrel, half barrel or bag 
with the name of the place at which he shall be inspector, with 
a public brand, or mark to be by him provided for that purpose, 
and approved by the Inferior Court, city council or corporation, 
as the case may be, and shall also mark the degree of fineness 
which he shall determine the flour to be on inspection, which de- 
grees shall be distinguished as follows : " extra family," " super- 
fine," "fine," "middling," " first" or " second," for which trouble 
Fees for in- the inspector shall receive from the owner or consignee at the 

spection. L ~ 

rate of five cents per barrel. 
Fraudulent- § 1507. If any person shall pack flour in an old barrel which 
flour. mg may have been marked and branded as aforesaid, and which 
shall still have the brand of the inspector thereon, or shall other- 
wise fraudulently pack flour for sale, such person or persons, shall 
forfeit and pay the sum of twenty dollars for every barrel so 
packed, to be recovered by any informer before any Justice of 
the Peace or other court having jurisdiction thereof, one-half of 
such penalty to go to the informer, and the other half to the mil- 
ler or manufacturer injured by such false packing, 
inspector § 1508. No inspector shall be permitted, directly or indirectly, 

cannot pur- J ' . r 1 ' J -,-, 

chase except to purchase any flour by him condemned as unmerchantable, or 

for his own i n ■, r* -i • m 

use. any other liour whatever, other than for his own or family use 

and consumption, under the penalty of thirty dollars for every bar- 
rel by him purchased, to be recovered by any informer before any 
Justice of the Peace or other court having jurisdiction, one-half 
of which shall belong to the informer, and the other half to the 
county or corporation having the appointment of the inspector. 

Penalty for § 1509. Any person who shall sell flour in or from any of the 

oSpTf' places where there is an inspector, without an inspection as afore- 
said, shall forfeit and pay the sum of ten dollars for each barrel, 
half barrel or bag so sold, to be recovered by any informer before 
any Justice of the Peace or other court having jurisdiction, one- 
half to go to the informer, and the other half to the inspector. 

inspector's § 1510. Every inspector, before entering on the duties of his of- 
fice shall take and subscribe an oath or affirmation before the Clerk 
of the Council or Clerk of the Inferior Court, of which a minute 
shall be made, that he will faithfully perform the duties of his 
office, inspect all flour offered to him for inspection, and faithful- 



tion. 



oath 






FT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 297 

Article 1. — Flour, Corn Meal and Grain. 

Ij brand and mark the barrels or bags, as by law directed. In- 
spectors shall be liable to indictment for any neglect of duty, and, 
upon conviction thereof, shall forfeit and pay a sum of not less 
than thirty dollars. 

§1511. It shall be the duty of every inspector of Hour to in-commeai, 
spect Indian corn, and corn meal, wheat, and other grain in bags other grai D , 
or in barrels, when requested by the owner or consignee to do so, ted. e * 
and he shall brand only such as he may deem to be sound and 
merchantable, for which his compensation shall be three cents 
per bag or barrel, to be paid by the owner or consignee, as afore- 
said. 



AKTICLE II. 



WOOD, TIMBER, TURPENTINE, TOBACCO, GUANO, &e. 



Section. 

1512. Inspectors and rules of inspection. 

1513. Drifted timber — selling of. 

1514. Penalty for buying the same. 

1515. Pitch, tar, &c, to be inspected. 



Section. 

1516. Turpentine barrels — dimensions of- 

1517. How marked. 

1518. Corporate authorities — powers of. 



spect&d. 



§ 1512. Inspectors may be appointed, their duties prescribed, inspectors 
their fees fixed, and inspection and marking regulations adopted, JSted for 
by the corporate authorities of any city, for the inspection of Saiiy 10 
guano, and other fertilizers, tobacco, salt, pitch, tar, turpentine, 
rosin, fish, oil, staves, shingles, timber, wood, lumber, and liquor, 
and such other articles and things as are usually the subjects of 
inspection and measurements, and for measuring and gauging 
the said articles, or any of them, within the limits of said cities; 
and the same power may be exercised by the Inferior Court of 
every county, outside the limits of such town, and within the 
limits of such county; Provided, such regulations be not incon- 
sistent with the following provisions : — 

1. Ko person shall be permitted to inspect, measure, or gauge, Appointees 
except such as may be regularly appointed, under a penalty of inspect. 
five hundred dollars for every offence, one-half to go to the infor- 
mer, and the other half to the incorporation or court having the 
appointment of inspectors. Every person so appointed shall be 
required to take an oath or affirmation faithfully to perform the 0ath and 
duties of the office, to the best of his skill and ability, and shall, ^ t ^ in ' 
moreover., srve bond and securitv for the faithful discharge of the 









298 PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 

Article 2. — Wood, Timber, Turpentine, Tobacco, Guano, &c. 

duties thereof. All vacancies may be filled by the appointing: 
power. 
inspection 2. In all seaport towns, where timber or lumber is brought for 
SrenSntof exportation, or otherwise, the same shall be inspected and meas- 
ured, and bills for such measurement shall be made out in super- 
ficial measurement. 
inspector 3. No lumber or timber inspector, or measurer, shall, during 
clerk, &c. of his term of office, be or become the clerk or agent of any lumber 
or buyer, or timber buyer, or the clerk or agent of lumber mill, on pain of 
forfeiture of his office, on conviction, and fine or imprisonment^ 
at the discretion of any court having jurisdiction. 
square lum- 4. All square timber shall be measured as follows : the length 
measured, shall be counted from pin-holes, and the size from the middle of 
the stick, taking the smallest side and the face, throwing off frac- 
tions, and allowing one-half of the wainedge on the size and face, 
and other flatted timber, usually known as saw or mill logs, shall 
be measured one-third from the smallest end. 
Refuse lum- 5. All sticks which are rotten, hollow, split, or broken, shall 
be declared refuse by the inspector, and the seller shall only be 
allowed one-half the measurement, but if the defect be at or 
near the end only so much as is defective shall be declared refuse. 
Length of 6. The hook, to the dip-rod, shall not be less than one inch and 

hook to dip- 

rod. three-quarters long. 

Ran<nn<7 ^ • Panging timber, scantlings and boards, shall be deemed 

— whS mer- merchantable only when they shall have square edges, and be- 
chantabie. go^-^ anc [ without decay ; nevertheless, if any scantling or board, 
to be measured and inspected, shall be split, decayed, or fractur- 
ed, more than two feet and less than six feet, from the end there- 
of, such split, decayed, or fractured part, shall be left out and not 
counted in the measurement. 

8. Heading shall be two and a half feet loner, six inches broad,. 

Length and ° *=>' 7 

quality of one i nc h thick on one edge, and not less than three-quarters of an 

heading and > ~ 7 J- 

shingles. inch on the other edge, sound, and free from decay, worm or knot 

holes ; shingles to be twenty-two inches long, not less than three 

and a half inches wide, a half inch thick at the thick end, not 

decayed, and free from worm or knot holes. 

pipe, hogs- 9. Pipe, hogshead, and barrel staves shall be considered mer- 

wei'Saves chantabie only when conditioned as follows : pipe staves to be at 



chlnuM™. 01 * least fifty-four inches in length, three inches in breadth, and one 



— when mer- 

inch thick on the thin edge, sound and free from worm or knot 
holes ; hogshead staves to be forty-two inches long, three inches. 






PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 299 

Article 2. — Wood, Timber, Turpentine, Tobacco, Guano, &c. 

broad, and not less than three-quarters of an inch thick on the 
edges, sound, and free from worm or knot holes; barrel staves to 
be two and a half feet long, three inches wide, and not less than 
three-quarters of an inch on their edges, sound, and free from 
worm or knot holes. 

10. Any measurement or inspection, contrary to law, shall, on penalty for 
conviction of the offender, subject him to a line of not more than speftion and 
five hundred dollars, before any court having jurisdiction, and meat., 
also a forfeiture of his office. J ,. , 

11. Every cord of firewood shall measure eight feet in length, what is a 

a '"• t. ■• i * * t i • i a -i /cord of nre- 

IOlir m breadth, and four in height. Any person to whom sucn wood, &c. 

wood is offered for sale, who may suspect any deficiency, shall 
have the right to have the same measured and corded by any 
sworn inspector, or measurer of the place, and in case of any de- 
ficiency appearing, the seller shall, besides paying the fees of the 
inspector, make good the deficiency, without delay, or forfeit, be- 
fore any court having jurisdiction, the sum of two dollars for 
every cord so deficient ; in case of no deficiency appearing, the f e e e c s to f J.b" 
fees of the inspector or measurer shall be paid by the buyer. whom P aid - 
The corporate authorities of any town or city may make such 
further regulations on this subject as to them shall appear proper, corporate au- 
to insure the objects of this section. 

§1513. No raft-man, or other person, shall dispose, or attempt Penalty for 
to dispose, of any drifted timber or lumber taken up by him driFtSufm- 
within this State, on pain of paying not exceeding Hyq hundred 
dollars for every such offence, to be recovered in any court having 
jurisdiction of the same, one-half of the penalty to go to the in- 
former, and the other to the use of the county wherein such of- 
fence may be committed, or the offender may be imprisoned not 
more than six months ; but nothing herein contained shall prevent 
the finder of drifted timber or lumber from requiring and receiv- 
ing from the owner reasonable compensation for delivering to the 
owner such drifted timber or lumber. 

§ 1514. Any person detected in purchasing drifted timber or illegal pur- 
lumber, as aforesaid, except from factors or timber cutters, shall drifted tim- 
be liable, on conviction, to pay a fine of fifty dollars for every 
offence, or to be imprisoned for a term not exceeding six months. 

§1515. No person shall ship or put on board any vessel, for PitcMar 
exportation, from this State, any pitch, tar, rosin or turpentine, J C ec£ d b be-~ 
before the same is inspected and marked ; Provided, there be at shipped! 
the port of exportation a sworn inspector of such articles, on 






300 PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 

Article 2. — Wood, Timber, Turpentine, Tobacco, Guano, &c. 

pain of forfeiting one dollar for every barrel so shipped, one-hal 
to go to the informer and the other half to the use of the town or 
place of exportation ; the true contents and quality of every bar- 
rel of such articles must be branded on the barrel. 
^Quality, &c, § 1516. Every barrel of soft turpentine shall be formed of good 
une a SSeis. an & sufficient staves, three-quarters of an inch thick, not exceed- 
ing five inches wide, not less than thirty, nor more than thirty- 
two inches long ; the head not less than one, nor more than one 
and a half inch thick, and the barrel secured with twelve good 
hoops. If the turpentine be fraudulently mixed it shall be con- 
demned by the inspector and delivered to the owner. 
Barrels of §1517. Each barrel of soft turpentine, after inspection, if 

turpentine — m m ... 

how marked, found in conformity to the foregoing provisions shall be branded 
or marked by the inspector as follows : the pure or virgin tur- 
pentine with the letter " V," the yellow dip "S," the hard "II." 

Powers of §1518. The corporate authorities of any seaport town may 

corporate *■ t ... 

authorities, make such further regulations for inspection of rosin, pitch, tar 
and turpentine, and for the discovery of fraud in making and 
vending said articles as to said authorities, respectively, shall 
seem proper. 



AKTICLE III. 

INSPECTION OF LIQUORS. 



Section. 

1519. Inspectors of &c. — how appointed. 

1520. Duties of such inspectors. 

1521. Damaged liquors. 

1522. Evading inspection of liquors. 



Section. 

1523. Fees of inspector. 

1524. Manufacturing drugged liquors. 

1525. Monthly inspections required. 

1526. Selling liquors without inspection. 



inspectors of § 1519. It shall be lawful for the several city and incorporated 

liquors, <* " 
— how a 
pointed. 



— Cw'ap- ' town authorities in this State to elect or appoint an inspector of 



liquors, spirits and wines, and vinegar, within their respective 
jurisdictions, and the Inferior Court of the several counties shall 
have the same authority of appointment within the several coun- 
ties out of the jurisdiction of the city auchorities. 
oath and du- § 1520. Such inspector, after being duly appointed as aforesaid, 
rmsjector. and sworn by the Clerk of the Council, or Clerk of the Inferior 
Court, faithfully to discharge the duties of inspector, shall exam- 
ine and inspect all liquors, spirits and wines, or vinegar, kept by 
any person within the jurisdiction of such inspector, for sale in 
any quantities, and if, upon such inspection, any such shall be 



PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 301 



Article 3. — Inspection of Liquors. 



found to contain any strychnine or other poisonous drug or drugs, or 
offensive matter injurious to health by drinking or other use, such 
inspector shall immediately give notice thereof to the owner, who 
shall immediately destroy the same in the presence of the inspec- 
tor, or give bond and security to return the same to the person 
from whom he purchased without the limits of this State. 

§ 1521. Any person who shall sell, or offer to sell, any liquor, Penalty for 
wine or spirits, or vinegar, knowing the same to be so drugged, gtoquonj?" 
or after notice as aforesaid shall be given, shall be indicted in the 
Superior Court of the county where such offence may be commit- 
ted, and on conviction thereof, shall be fined for the first offence, 
one hundred dollars; for the second offence, two hundred dollars; 
for the third offence, four hundred dollars ; and for the foruth of- 
fence, one thousand dollars, and in each case be imprisoned until 
such fine be paid. 

§ 1522. If any person shall refuse, or in any way prevent such penalty for 
inspector from making such examination and inspection after a spectator 
second demand made by such inspector, such person shall, upon iquo 
indictment and conviction thereof, be fined and punished as in 
the immediate preceeding section ; Provided, the inspector shall 
make the second demand in the presence of a competent witness 
and prove the same by said witness on the trial. 

§ 1523. Such inspector shall receive, unless other rates are pre- Fees of H . 
scribed by the authorities appointing him, from the owner of said j*™ r 1ds p 60 * 
liquor, wine or spirits, or vinegar, for every ten gallons so in- 
spected, five cents ; for twenty gallons, ten cents ; for forty gallons, 
fifteen cents ; for eighty gallons, twenty cents ; for one hundred 
and sixty gallons, twenty-five cents ; and at the same rates and 
proportions upwards for any number of gallons so inspected, and 
he shall, if required, give a receipt and certificate therefor, and 
shall brand the barrels, kegs or pipes when the means are pro- 
vided by the owners therefor, and he shall also receive one-half 
of all fine moneys arising under conviction, which shall by no 
means disqualify him from being a witness for the State in cases 
of prosecution under any of the forgoing sections. 

§1524. If any person shall manufacture any drugged, poison- Penalty for 
ousor other deleterious and offensive liquors, wine or spirits, or vin- JJ^iSg^S 
egar, or adulterate any liquor, wine or spirits, or vinegar, with li( i uors - 
poisonous material, such person so offending shall be indicted in 
the Superior Court of the county where the offence may be com- 
mitted for a misdemeanor, and on conviction therefor, shall be 



302 PT. 1.— TIT. 16.— CHAP. 5.— Agriculture, Trade, &c. 



Article 3. — Inspection of Liquors. 



fined and imprisoned in the common jail at the discretion of the 
court. 

§ 1525. Such inspection shall be performed once a month, or 
tobemonth- w ] ienever ca }i ec ] on so £ ^ \yy seller or buyer; when by the lat- 
ter, he pays the fees. 

§ 1526. When an inspector is appointed in any city or town, 
and due notice given of such appointment, any vender of liquors, 
in any quantity, who shall oifer the same for sale before or with- 
out inspection, or a bona fide effort to have the same inspected, 
shall be guilty of a misdemeanor, and on conviction, shall be 
fined or imprisoned, or both, at the discretion of the court. 



Inspection, 



Penalty for 
selling li- 
quors with- 
out inspec- 
tion. 



CHAPTEK VI. 



WEIGHTS AND MEASURES. 



Section. 

1527. Seal or stamp for weights, &c. 

1528. Weights, &c, must be marked. 

1529. Selling by deficient weights, &c. 



Section. 

1530. Standard of weights, &c. 

1531. Clerk of I. C. to give notice. 



Seal or 
stamp for 
marking 
■weights and 
(measures. 



Venders 
must have 
weights and 
measures 
marked. 



•Selling by- 
deficient 
weights or 
measures — 
how pun- 
ished. 



§1527. The Justices of the Inferior Court must procure, for 
their respective counties, a marking instrument, seal or stamp 
for the purpose of marking all weights and measures which the 
Clerk of the Inferior Court may find not to weigh or measure 
less than the standards established by the Congress of the Con- 
federate States, which is the standard of this State. 

§ 1528. All persons engaged in selling by weights and mea- 
spective county, and have their weights and measures so marked, 
snres, shall apply to the Clerk of the Inferior Court of their re- 
and in default thereof, shall not collect any account, note or other 
writings, the consideration of which is any commodity sold by 
their weights or measures. „, , ; ^ 

§ 1529. Any citizen may complain to the Clerk of the Infe- 
rior Court of the deficiency of any weights and measures, wheth- 
er marked or not, and when done, it is the duty of said Clerk to 
notify the person complained of, and give him the name of the 
complainant, and specify a day, not more than ten days distant, 
when he shall submit his weights and measures to the test of the 
Justices of the Inferior Court, and if the complaint is found to be 
true, within the seller's knowledge, he shall be deemed a person 
selling by false weights and measures, and shall be presented by 
the Grand Jury as such, if no person appears and indicts. 



PT. 1.— TIT. 16.— Agriculture, Trade, &g. 303 



Chapter 6. — Weights and Measures. 



§ 1530. The Governor shall procure standards of weights and standards of 
measures for each county which does not have them, and they, measures to 
together with the marks provided by the Inferior Court, shall be 
kept in the office of their Clerk for the inspection of the citizens. 

§1531. When such standards are obtained,, it is the duty ofcierktogive 

notic6 

such Clerk to give sixty days' written notice thereof at the door 
of the court-house, and in the public gazette where the Sheriff of 
"the count v advertises his sales. 



CHAPTEE TIL 

REGULATIONS FOR PARTICULAR BRANCHES OF TRADE AND AGRI- 
CULTURE. 

Article 1. Cotton, Pice, etc. 
Article 2. Cultivation of Pice. 
Article 3. Oysters, Turtles. 
Article 4. Fishing. 
Article 5. Boats and Crews. 
Article 6. Peddlers. 



ARTICLE I. 

COTTON, RICE, ETC. 




Section. 

1532. Sale of cotton and other produce. 

1533. Purchaser failing to pay. 

1534. Oath, &c 

1535. Weighing without oath, &c. 



Section. 
1536. Tare on rice. 
1531. Tare on other articles. 

1538. No deduction to be made. 

1539. Weiffhino; — how regulated. 



§ 1532. Cotton, corn, rice, or other products sold by planters ownership 
and commission merchants on cash sale, shall not be considered L^noT' 
as the property of the buyer, or the ownership given up, until «! paB tor.' 
the same shall be fully paid for, although it may have been de- 
livered into the possession of the buyer. 

§1533. Any person engaged in the business of buying such Penalty for 
commodities, either on his own account or for others, who shall pay for Jot- 
buy such on sale from a planter or commission merchant for cash, 
and shall fail or refuse to pay for the same, and shall make way 
with or dispose of the same before he shall have paid therefor, 
shall be deemed guilty of fraud and embezzlement, and shall be 
liable, on conviction, to be imprisoned in the Penitentiary for a 






304 PT. 1.— TIT. 16.— CHAP. 7.— Agriculture, Trade, &c. 



Article 1. — Cotton, Rice, &c. 



rice, 



term not less than one year, nor more than five years, at the dis- 
cretion of the court, 
oath of one §1534. It shall not be lawful for any salesman, or other per- 
cTtton^fd son m an y 0I> tne cities, towns or villages of this State, or at any 
railroad station or depot, to weigh any bale, bag or package of 
cotton, tierce or half tierce of rice, or any other article of pro- 
duce disposed of by weight, without first taking and subscribing 
an oath before some person authorized by law to administer it, 
that he w T ill justly, impartially and without deduction weigh all 
such produce, and all other articles of produce disposed of by 
weight that may be shown to him for that purpose, and tender a 
true account thereof to the party or parties concerned, if so re- 
quired. The weigher may nevertheless make such deductions 
for w r et or other cause, which may be reasonable, when the seller 
or his agent shall thereto consent, and for such tare as may by 
law be allowed, but no tare shall ever be allowed on bales of un- 
manufactured cotton, except the usual deduction of two pounds 
from the weight of every bag of cotton having knobs or tugs 
thereon. 



oath to be §1535. Such oath, when taken, must be filed in the clerk's 
and penalty office of the Inferior Court of the county, and a minute made 

for W6i.£rtiiiifiT 

without thereof, and if any person weighs such produce without having 
taken and filed such oath, he and the factor, or person who may 
employ him, are liable each twenty dollars for every bag of cot- 
ton, ^ve dollars for every tierce of rice, twenty-five cents for eve- 
ry bushel of corn, and one-third the value of any other product 
so weighed ; one-half to go to the informer, the other half to the 
Educational Fund of the county. 

Tare on rice. § 1536. The tare to be allowed on rice shall be the actual tare, 
as nearly as can be determined, except in cases of the sale of a 
single tierce, half tierce, or barrel, where a tare of ten per cen- 
tum shall be allowed, unless otherwise agreed on, between the 
buyer and seller. 

Tare on oth- § 1537. In other cases where tare is usually allowed, the actual 

er articles. v . 

tare, as nearly as the same can be ascertained, shall be allowed, 

except where the seller and purchaser may expressly agree upon 

a different rule. 
No deduc- § 1538. It shall not be lawful for any purchaser or weigher to 
Side for* make any deduction from the weight of any article, for, or on 
eaafesf &c. account of the draft or turn of the scales or steelyard, under a 

penalty, for every such offence, of ~Hve hundred dollars, to be re- 



FT. 1.— TIT. 16.— CHAP. 7.— Agriculture, Trade, &c. 305 



Article 1. — Cotton, Eice, &c. 



covered in any court having jurisdiction, one half to go to the in- 
former, by whom the suit may be brought, and the other half to 
the use of the county where the offence may be committed. 

§ 1539. The corporate authorities of all cities and towns may corporate 
make such further regulations for the weighing of produce, of all SfSj eB ' 
descriptions, including fees for weighing, as in their, judgment "figMng. 
may tend to effect the objects of the foregoing provisions, and the 
Inferior Courts of the respective counties shall have the same 
power, to be exercised outside the jurisdictions of said incorpora- 
ted cities or towns, but, until altered by such authorities or courts, 
the fees for weighing shall be such as are now fixed by law. 






ARTICLE II. 

CULTIVATION OF RICE. 



Section. 

1540. Water shall not be diverted. 

1541. Rice dams — when to be opened. 

1542. Violating the 2 preceding sections. 

1543. Persons injured — how redressed. 

1544. Proceedings for redress. 

1545. Award of freeholders. 



Section. 

1546. Person may drain his own land. 

1547. Proceedings in case of obstruction. 

1548. Dam not to be stopped — when. 

1549. Inadequate dams. 

1550. Compensation of freeholders. 



§1540. ISTo person shall be permitted to make or keep up any ^averted? 
dam to stop the natural course of any water, so as to overflow 
the lands of any other person, without his consent, nor shall any 
person stop or prevent any water from running off of any person's 
field, whereby such person may be prevented from planting in 
season, or receive any other injury thereby, nor so as to turn the 
natural course of any water from one channel or swamp to an- 
other, to the prejudice of any person. 

§ 1541. Every person who shall keep water, during the winter, ShS^Sbe" 
upon grounds where rice will be planted the ensuing spring, shall, °P ened - 
annually, by the fifth day of March, open the dams which keeps 
up the water, and let off the same. 

§1542. Upon the violation of the provisions of either of the ^Jjfj f °£ e 
preceding sections, the person offending forfeits five hundred J™ P^gjg 
dollars, upon the complaint of any person interested ; one-half of 
the recovery goes to the informer, the other to the Educational 
Fund of the county. p ersou iu _ 

§1543. When any person has thus offended in the mannerly™ 7 
aforesaid, a person affected thereby may apply to a magistrate IS^ey* ot 
20 



306 PT. 1.— TIT. 16.— CHAP. 7.— Agbtcultube, Tbade, &c. 

Article 2. — Cultivation of Rice. 



who lias jurisdiction in the district, for a warrant of survey, and 
shall also, thereupon, notify the defendant of the complaint, of 
the time and place of meeting. 
Proceedings § 1544. The magistrate shall have summoned three disinter- 
wamint. 6 ested freeholders, of the neighborhood or district where the cause 
of complaint exists, one of whom must be chosen by each of the 
parties, and the other by the magistrate, but if the defendant 
neglects, before the day of meeting, to make a choice, the magis- 
trate may choose for him ; they must be sworn before such mag- 
istrate, to determine the matter in dispute justly and impartially; 
shall proceed to view the obstruction, and are empowered to do 
so without the attendance of either party, unless such are provi- 
dentially prevented, and must report their proceedings to the 
magistrate without delay. 
Award of §1545. If, on view thereof, a majority of said freeholders de- 
cide that said obstructions do or may prevent the party com- 
plaining from planting his crop of rice in due time, or otherwise 
injures him, they shall furnish an immediate remedy, in any way 
they think necessary, to give the most effectual relief; the losing 
party paying the costs of the proceeding. 
Drainagenot §1546. Such proceeding does not apply to any person who 
hiMted pro shall have made through his own land sufficient drainage, of 
which said freeholder shall be the judge, to carry off the waters 
passing through the same, in as expeditious a manner as they 
could have passed through the natural course or channels if -no 
such banks had been erected. 
Proceedings § 1547. Any person between said fifth of March and the first 
any obstruc- day of September, of each year, may apply in like manner for a 
warrant of survey on any obstructions which may impede the 
conveying of any surplus water on his rice grounds, and which 
by remaining thereon may prove injurious, or shall keep up any 
dam which shall stop the water so as to overflow his lands to his 
injury. In such cases the proceedings are the same as heretofore 
set forth. 
Penalty for §1548. If any person shall by himself, or through his orders, 
dS P w£n Up or by his agent, stop up any dam or replace any obstruction 
Sority 7 which has been opened or removed, or which has been thus done 
by himself on the said fifth of March until the first day of July 
next thereafter, or shall obstruct or hinder the opening of any 
dam or removing of obstructions decided to be opened or re- 
moved, he forfeits, as aforesaid in this chapter, one thousand 



FT. 1.— TIT. 16.— CHAP. 7.— Agriculture, Trade, (fee. 307 



Article 2. — Cultivation of Rice. 



dollars for each offence to the person aggrieved, besides his lia- 
bility for the actual damages. 

§ 1549. When any dam has been made to form reservoirs of inadequate 
water, without sufficient waste-way, and is inadequate to sustain enlarged. ° 
the weight of water, the owner of such dam shall immediately 
cause the same to be enlarged, strengthened, or erected in a sub- 
stantial manner, with a sufficient waste-way. If on a survey by 
freeholders he neglects to make the improvements they require, 
within the time they may designate, he shall forfeit to any person 
injured, or liable to be injured, as last aforesaid. 

§1550. The freeholders are entitled each to three dollars per Compen8a _. 
day, and if duly summoned, and they fail attend, without pro- Sere /&t 
vidential cause or necessary absence from the district, they for- 
feit to either party one hundred dollars. The magistrate and 
witnesses, if any, receive the costs allowed in the trial of forcible 
entries and detainers. 



ARTICLE III. 

OYSTERS, TURTLES, &c. 



Section. 

1551. Oysters — manner of taking. 

1552. Violating preceding section. 

1553. Planted oyster beds protected. 



Section. 

1554. Exclusive right of land owner. 

1555. Turtles — when to be taken. 
155G. Violating three preceding sections. 



§ 1551. It shall not be lawful to take or catch any oysters in 0y3 ters-in 
any of the waters of this State with or by a scoop, rake, drag or ^tak?!!" 
dredge, or by the use of any other instrument than the oyster 
tongs heretofore in general use for taking oysters, and every per- 
son taking oysters, in violation of law, shall forfeit such sum for 
every offence as the court having jurisdiction may determine, 
and shall forfeit to the State the boat or vessel, employed in such 
unlawful business, her tackle, apparel and furniture. 

§ 1552. On complaint made upon oath before any Judge or proceedings 
Justice of this State, in any county where the offence may be S- n «f pre- 
committed, of the violation of the provisions of the foregoing ti e on mg 
section, such officer shall issue his warrant for the arrest of the 
offender, and shall commit, or let to bail, according to law, and 
in such warrant authority shall be given for the arrest of every 
such boat, and such boat, her tackle, apparel and furniture shall 
not be released, except upon bond, with good security, for the 
forthcoming of such vessel and appurtenances to answer any 



308 PT. 1. 



TIT. !(>.— CHAP. 7.— Agriculture, Trade, &c. 



Article 3. — Oysters, Turtles', &c. 



Planted oys- 
ter beds pro- 
tected 



judgment of forfeiture. In case such boat and appurtenances be- 
not replevied within one month after arrest the same may be 
sold by order of such Judge or Justice and the proceeds shall be 
paid into the office of the Superior Court of the county, there to 
await the order of said court. 

§1553. Where any person having taxable lands upon the 
banks or shores of any of the rivers or creeks of this State shall 
plant beds of oysters upon them, it shall not be lawful for any 
other person to take from such beds of oysters; Provided, the 
same shall be distinctly staked or otherwise marked. 

§1554. When oyster banks, or beds of oysters, or natural for- 
mation, be within rivers or creeks of this State, not exceeding 
one hundred and twenty feet in width, and not used for purposes 
of navigation, the persons having the ownership of the lands 
upon both sides of such creeks or rivers shall have the exclusive 
right to the usufruct of such banks or beds of oysters as afore- 
said. 

§1555. It shall not be lawful to take terrapins and turtles; 
within tide water, at any time, other than from the first day of 
May to the first day of September. 

§ 1556. For any violation of the three preceding sections the 
offender shall be subject to a penalty of not less than fifty nor 
more than five hundred dollars. 



Exclusive 
right of cer- 
tain land 
owners to 
oyster b a ds. 



Turtles — 
when to be 
taken. 



Violation of 
the three 
preceding 
sections — 
how pun- 
ished. 



ARTICLE IV. 



FISHING. 



Section. 

1557. Fishing regulated. 

1558. Violating preceeding section. 



Section. 
1559. Vessels engaged in fishing. 



Fishing reg- 
ulated. 



§ 1557. It shall not be lawful for any person to inhabit, occu- 
py or reside in any vessel, ark or fiat on any river of this State- 
which shall not be engaged in the lawful commerce of the same, 
in the carriage or transportation of goods or produce to or from 
market, unless owned by the proprietors of the shores, or their 
lessees ; Provided, nothing contained in this and the previous 
section shall be construed to prevent the owners of the land, on 
said rivers or their lessees, from taking fish, in the river opposite 
their banks ; but no seine shall be permitted to be used in said 
rivers, either by such owners or their lessees, from sunset on Sat- 



PT. 1.— TIT. 16.— CHAP. 7.— Agriculture, Trade, &o. 309 



Article 4. — Fishing. 



xirday to sunrise on Monday ; And provided, also, that every lease 
or license to fish shall be recorded within ten days after the grant- 
ing thereof in the clerk's office of the Superior Court of the coun- 
ty where the land lies. 

§1558. Every offence against any of the foregoing provisions Penalty for 

° J & J n violating the 

shall, if committed bv a white person, be punished by a fine not proceeding 

'.'-••. " . . section. 

-exceeding two hundred dollars, to be applied to educational pur- 
poses ; if committed by a slave or free person of color, by whip- 
ping, not less than thirty lashes. 

§ 1559. It shall be lawful for all patrols, and all civil officers, Patrols may- 
at all times, to visit and search all vessels, covered flats, or arks, search ves- 
and boats engaged in fishing, or trading illegally with slaves, or 
disseminating incendiary publications on any river of this State, 
and to cause offenders therein found against any of the laws of 
this State to be committed or bound over to answer for offences 
against such laws. 



ARTICLE Y. 

BOATS AND CREWS. 



Section. 

1 1560. Bills of lading must be granted. 
1561. Penalty for refusing such bills. 



Section. 

1562. Traffic with hands, &c, prohibited- 

1563. Shipping of articles prohibited. 



§ 1560. It shall be the duty of all owners or agents of boats 0wners of 
employed in the navigation of the navigable waters of this State, gr^tSifof 
to grant to each and every boat, respectively, previously to its 
departure from the wharf or landing, a certificate or bill of la- 
ding, showing its destination, contents, and the name of its cap- 
tain or patroon, and consignee, which certificate or bill of lading- 
shall at all times be subject to the examination of any free white 
person requiring the same, and no person of color shall be cap- 
tain or patroon of such boat. 

§ 1561. Any such owner or agent neglecting or refusing to fur- Penalt for 
nish certificate or bill of lading, and any such captain or patroon ™* «gggjg 
refusing to exhibit the same on demand as aforesaid, may be sev-jgf k illofla - 
erally indicted, and for every offence, be fined in a sum not ex- 
ceeding fifty dollars, and any owner or agent as aforesaid, em- 
ploying any person of color as captain or patroon as aforesaid, 
shall on conviction, be fined at the discretion of the court, one- 
half the penalty in any such case to go to the informer, and the * 



310 PT. 1.— TIT. 16.— CHAP. 7.— Agriculture, Trade, &c. 

Article 5. — Boats and Crews. 

other half to the use of the county where such conviction takes 
place. 
Owner of 8 1562. It shall not be lawful for any owner, captain or patroon 

boat not to v „ . 

allow illegal of a boat, navigating any of the navigable rivers of this State, to 

traffic with ° ° ^ ° ' 

hands or ne- g U ffer or permit any boat hand or negro to put on board such 

groes. i «/ o x 

boat, any corn, cotton, rice, stock, poultry or other articles that 
may by law be prohibited, as an article of traffic to such boat 
hand, as the property of such boat hand, nor shall such owner or 
patroon suffer the boat hands or other negroes on board such 
boat to barter or trade the one with the other, in any such article- 
or articles of produce under any pretext whatever, under penalty 
of fine and imprisonment at the discretion of the court, on con- 
viction of the party for violating any of the foregoing provisions. 
Owner not §1563. No owner, captain or patroon of such boat, shall per- 

to allow arti- . i -i i i i • -i -i • i • i i 

cies shipped, mit any such boat hand to take with him any such articles, unless 

1171 less in 

mil of lad- the same shall be stated in such certificate or bill of lading, and 
be intended for such negro's own use, and such articles shall be 
immediately under the direction of such owner, captain or pa- 
troon, or the agent of the owner, under penalty of fine and im- 
prisonment, at the discretion of the court for every offence against 
any of said provisions. 



me 



ARTICLE YI. 

PEDDLERS. 



Section. 

1564. License to peddle — how obtained. 

1565. License — when unnecessary. 



Section. 

1568. Each vehicle must be licensed. 

1569. License — power of J. I. C. to grant 



peddle. 



1566. Goods not to be sold by sample, j 1510. Citizens only can obtain a license. 

1567. Qualification, &c, of peddler. j 1571. Indictment and trial. 

License to §1564. Every peddler or itinerant trader, by sample or other- 
wise, in any article not manufactured in this State, must apply 
to the Clerk of the Inferior Court of each county where he may 
desire to trade, for a license, which shall be granted to him on 
the terms the Justices of the Inferior Court have or may impose. 
If they have made no rule, such Clerk shall immediately inform 
such Justices. They are authorized to impose such tax as they 
may deem advisable ; Provided, it is not less than fifty dollars^ 
to be used for county purposes. The license extends only to the 
limits of the county. 



PT. 1.— TIT. 16.— CHAP. 7.— Agriculture, Trade, &c. 311 



Article 6. — Peddlers. 



§1565. None of the provisions of this article shall extend to Exceptions, 
persons selling the agricultural products of any slaveholding 
State, nor to persons selling agricultural implements. 

§1566. A person, not a citizen of this State, shall not sell any Good8nott(> 
article, not manufactured in this State, by sample. sample. y 

§1567. The peddler shall furnish said Clerk with evidence of Qualifica . 
his good character, and shall take and subscribe before him this oSofped- 
oath: " I swear that I will use this license in no other county tkr " 
than the one for which it is granted, nor suffer any person to use 
it in my name, and that I am a citizen of this State. So help 
me God." Said oath and license must be entered in the book 
kept for that purpose, and the license must contain a description 
of the person of the peddler. 

§ 1568. There shall be separate licenses for every wagon, cart, Mustbea 
or other vehicle (or each horse, if the peddling is done on horse- e SveS- 
back) employed or used in vending such goods, wares or mer- c 
chandise, which shall be shown to any officer, civil or military, 
demanding it, and, on failure or refusal so to exhibit, the peddler 
forfeits five hundred dollars to be recovered on suit of the in- 
former — one-half to go to the informer, the other to the Educa- 
tional Fund of the county. 

§1569. The Justices are authorized to grant licenses to ped- Authority of 
die to indigent and infirm persons upon such terms as they, in ' ' 
their discretion, may impose. 

§1570. A foreigner, not a citizen, shall not be granted license Foreigners 
to peddle, unless he shall have declared his intention to become Keek 
a citizen, and he shall swear to such fact, instead of that he is a 
citizen. 

§ 1571. On the trial of a foreigner for illegal peddling, whether in indict- 
with or without license, the State is only required to prove the onus is on 
peddling, and the foreigner must show, in defence, his eligibility. && 



312 PT. 1. — TIT. 17. — Salaries and Fees of Officers. 

Chapter 1. — Officers connected with the Executive Department. 

TITLE XVII. 

SALARIES and fees oe officers. 



Salaries of 
Executive 
officers. 



Pay of offi- 
cers whose 
salaries are 
not fixed. 



CHAPTER I. 

OFFICERS CONNECTED WITH THE EXECUTIVE DEPARTMENT. 



Section. 
1512. Salaries of Executive officers. 



Section. 
1513. Pay of those without fixed salaries. 



§ 1572. The salaries per annum of such officers, respectively, 
are as follows : 

The Governor, $ 4000 00 

The Governor's Secretaries, each, 1250 00 

The Governor's Messenger, 500 00 

The Comptroller General, 2000 00 

The State Treasurer, 2000 00 

The Secretary of State, 1600 00 

The Surveyor General,. 1600 00 

The State Librarian, 800 00 

§ 1573. All persons employed by the Governor, for whom no 
compensation is prescribed, are paid, according to his discretion, 
out of the money appropriated therefor. If no money is thus ap- 
propriated, and the employment is indispensable, he has the 
privilege to pay them out of the contingent fund. 



CHAPTER II. 

OTHER OFFICERS APPOINTED BY THE GOVERNOR. 

Section. I Section. 

1514. Pay of officers appointed, &c. | 1515. Governor may fix pay, &c. 

Payofoffi- §1574. The salaries per annum of such officers, respectively, 

cers ap- i> n 

pointed by are as follows : 

The Trustees of the Lunatic Asylum, each, $ 100 00 

The Principal Keeper of the Penitentiary, 1600 00 

The Assistant Keeper of the Penitentiary, 800 00 

The Book-Keeper of the Penitentiary,. 1000 00 

The Physician of the Penitentiary, 500 00 

The Chaplain of the Penitentiary, *id7j*. 150 00 

The Military Store-Keeper at Savannah, 300 00 

The Military Store-Keeper at Milledgeville, . 150 00 



PT. 1. — TIT. 17. — Sal akies and Fees of Officers. 313 

Chapter 2. — Other Officers appointed by the Governor. 



§ 1575. If the Governor establishes other places of keeping the Governor 

. . i « niay lix the 

military stores of the State, he may regulate the salaries of all pay or cer- 

,' , i . -n i • • tain officers. 

the keepers thereof, so as the compensation will be m proportion 
to their respective duties and responsibilities, which, when done, 
shall be reported to the General Assembly. 



CHAPTEK III. 

OFFICERS APPOINTED BY THE TRUSTEES OF CERTAIN INSTITUTIONS, 
WHO ARE PAID IN WHOLE, OR IN PART, FROM THE STATE TREA- 
SURY, OR OUT OF STATE APPROPRIATIONS. 

Section 1576. Salary of officers of Asylum, &c. 

§1576. The salaries per annum of such officers, respectively, salary of of- 

are as follows : Asylum, &c. 

The Superintendent and Principal Physician of the Lunatic 
Asylum, $ 2500 00 

The Assistant Physician, 1250 00 

The Superintendent of the Georgia Military Insti- 
tute, 2500 00 



eers. 



CHAPTER IV. 

OFFICERS CONNECTED WITH THE LEGISLATIVE DEPARTMENT. 
Section 15/7*7. Salary and fees of Legislative officers. 

§1577. The salaries, per session, of the officers connected with salaries and 
said department, who receive such, and which are embraced in iSative offi- 
the appropriation for the pay of officers and members of the 
General Assembly are — 

The Secretary of the Senate, $500 00 

The Clerk of the House of Representatives, 500 00 

The fees of said officers are — 
For every extract of a private nature, per copy sheet,. . . 15 

" Certifying an extract of a private nature, 50 

Certifying an act for the benefit of an individual, or 
corporation, or society, o 00 



a 



% : 



314 PT. 1.— TIT. 17.— Salaries and Fees of Officers. 

Chapter 5. — Officers connected with the Judicial Department. 

CHAPTER Y, 

OFFICERS CONNECTED WITH THE JUDICIAL DEPARTMENT. 

Section. i Section. 

1578. Salaries of Judges & Sol's. Gr'enl. I 1580. Fees of Attorney General. 

Salaries of 1579. Certificate of service. I 1581. Fees of Sol. Gen. Supreme Court. 

Judges and r 

General. §1578. The salaries, per annum, of such officers, are as fol- 

lows: — 

The Judges of the Supreme Court, each, $3500 00 

The Reporter of the Supreme Court, 1000 00 

The Judges of the Superior Courts, each, 2500 00' 

The Solicitors General of the several Circuits, each,. . . 225 00 

Pees of so- The fees of such officers are as follows : — 

bcitor Gen- 

er y ' L SolicitOT General— ^£ 

For each person prosecuted to conviction for a capital 

offence, 50 00 

For each person prosecuted to conviction for any other 
felony, and for any violation of the laws against 

gambling, , 25 00 

For prosecution to conviction for furnishing liquor to 

slaves, 15 00 

For each person indicted or presented, except in cases 

of conviction, as provided above, 5 00 

For each proceeding to enforce a recognizance, 5 00 

For every amount collected on such proceedings, five 

per cent. 
For every proceeding instituted to forfeit a charter, . . . 100 00 
For services in the Supreme Court — 

First, In capital cases, 50 00 

Second, Other felonies, 30 00 

Third, All other cases, 15 00 

Fourth, For litigated recognizance, double fees 
and commissions. 
For drawing a capias against a person indicted or pre- 
sented and not bound over, 50 

For drawing a capias against each defaulting juror,. . 50 

For entering a nolle prosequi, 25 

For attending; at Judge's Chamber to take the affidavit 

of any person in criminal cases, 1 Oft 

For drawing an affidavit, or any instrument of writing, 

per copy sheet, . 10 



PT. 1. — TIT. 17. — Salaries and Fees of Officers. 315 



Article 5.— Officers connected with the Judicial Department. 



For plain collections for the State, five per cent. 
For litigated collections for the State, 10 per cent. 
For services in cases not mentioned, where the State is 
an interested party, at the discretion of the Gov- 
ernor, not exceeding 50 00 certificate of 

§1579. They shall not be paid fees for litigation, without the se 
certificate of the presiding Judge that they are properly and 
faithfully claimed as such, nor shall they be entitled to fees on^J^^ 
any bill ignored by the Grand Jury, nor on any bill for any spe- 1S allowed - 
cies of gaming, or furnishing liquor to negroes, where the same 
is entered not. p? 7 os. 

§1580. The Solicitor General, who, by virtue of his office, is Fees of At- 

° . torney Gen- 

Attorney General, has the following fees : — eral - 

For every written opinion he is legally required to make, $25 00 
For prosecuting a Solicitor General, the payment of his 

necessary expenses, and 50 00 

For services in any case where the State has an interest, 
and his services are required, the payment of his ne- 
cessary expenses, and 50 00 

For suits for and collection of money, on account of the State, 
out of his circuit, when litigated, ten per cent, upon amount 
collected, and five per cent, if not collected — if not litigated, 
fees of Solicitor General. 
For any service performed, for which a fee is not prescribed, the 
Governor may pay him what he deems reasonable and just, 
and report the same to the General Assembly. 
§1581. The fees of the Solicitors, for services rendered in the Fees of so- 
Supreme Court, shall be paid by the State, on the warrant of the preme 1 
Governor, in all cases when the Solicitor shall present the certifi- 
cate of the Clerk of the Supreme Court, as to the services, and 
of the Clerk of the Superior Court to the fact that the defendant 
was acquitted, or was unable to pay the costs. 




316 



PT. 2.— TIT. 1.— CHAP. 1.— Persons. 



Article 1. — Of Citizens. 



PART II. 

CIYIL CODE. 



TITLE I. 

OF PERSONS. 



Chapter 1. Different kinds of persons, their rights and status. 
Chapter 2. Of domicil, and the manner of changing the same. 



CHAPTER I. 

OF THE DIFFERENT KIND OF PERSONS, THEIR RIGHTS AND STATUS. 

Article 1. Of citizens. 

Article 2. Of residents and aliens. 

Article 3. Of slaves and free persons of color. 

Article 4. Of corporations. 



ARTICLE I. 



OF CITIZENS. 



Section. 

1582. Natural and artificial persons. 

1583. Division of natural persons. 

1584. Citizens. 

1585. Rights of citizens. 

1586. Exercise thereof. 



Section. 
3 58*7. Females. 

1588. Minors. 

1589. Disqualification from crime. 

1590. Insane persons. 



Natural and §1582. Persons are either natural or artificial — the latter are 
sons. the creatures of the law, and except so far as the law forbids it, 

subject to be changed, modified or destroyed at the will of their 
creator — they are called corporations. 

§1583. Natural persons are distinguished according to their 
rights and status into 1, citizens; 2, residents not citizens; 3, 
aliens ; 4, slaves ; 5, free persons of color. 

§ 1584. The persons to whom belong the rights of citizenship 
and the mode of acquiring and losing the same, have been speci- 
fied in a former article. 

§1585. Among the rights of citizens are the enjoyment of 
personal security, of personal liberty, and private property, and 



Division of 
natural per 
sons. 



Citizens. 



Eights of. 



PT. 2.— TIT. 1.— CHAP. 1.— Persons. 31T 



Article 1. — Of Citizens. 



the disposition thereof, the elective franchise, the right to hold 
office, to appeal to the courts, to testify as a witness, to perform 
any civil function, and to keep and bear arms. 

§ 1586. All citizens are entitled to exercise all their rights as Exercise 
such, unless specially prohibited by law. 

§1587. Females are not entitled to the privilege of the elec- Females. 
tive franchise, nor can they hold any civil office or perform any 
civil functions, unless specially authorized by law, nor are they 
required to discharge any military, jury, police, patrol or road 
duty. 

§1588. The law prescribes certain ages at which persons shall Minors, 
be considered of sufficient maturity to discharge certain civil 
functions, to make contracts, and to dispose of property. Prior 
to those ages they are minors, and are for that disability unable 
to exercise these rights of citizens. 

§ 1589. Citizens under conviction by a court of this State for aDisquamca- 
felony are incapable of exercising the elective franchise pending crime™" 1 
the execution of their sentence. And all persons, citizens or 
otherwise, convicted of perjury, false swearing or forgery shall 
be incapable of testifying as a witness pending the execution of 
their sentence. 

§1590. All persons -non compos mentis, either from birth or insane per- 
from subsequent causes, constantly or periodically, or from age, s ° 
infirmity, drunkenness, or otherwise incapable of managing their 
affairs, have their persons and estates, or either of them, placed 
in the control of guardians. Such persons retain all the rights 
of citizens, which they have the capacity to enjoy, and which 
are compatible with their situation. 



AETICLE II. 

OF RESIDENTS AND ALIENS. 
Seotion. I Section. 



1591. Rights of citizens of C. S. 

1592. Aliens. 

1593. Rights of Aliens. 

1594. As to realty. 



1595. Rights to sue and testify. 

1596. Liens. 

1597. Privileges of certain Frenchmen. 

1598. Militia duty. 



§ 1591. Such citizens of the other States of this Confederacy as Eights of cit- 
are recognized as citizens of the Confederate States by the Con- zens of c ' s ' 
stitution thereof, shall be entitled while residents of this State to 
all the rights of citizens thereof, except the elective franchise and 



318 PT. 2.— TIT. 1.— CHAP. 1.— Persons. 

Article 2. — Of Residents and Aliens. 

the right to hold office, and to perform such civil functions as are 
confined bv law to citizens of this State. 

Aliens. § 1592. Aliens are the subjects of foreign governments not nat- 

uralized under the laws of the Confederate States. 

Eights of §1593. Aliens the subjects of governments at peace with the 
Confederate States, and this State, so long as their governments 
remain at peace, shall be entitled to all the rights of citizens of 
other States resident in this State, except to hold and own real 
estate for a longer period than a lease from year to year. 

As to realty. § 1594. Adult female aliens, minor aliens, and aliens who have 
filed their petition to become citizens under the laws of the Con- 
federate States, shall have the privilege of purchasing, holding 
and conveying real estate in this State. 

Eights to sue §1595. The free white citizens of other States of the Confede- 

and testify. racV; or f foreign States at peace with this State, and friendly 
Indians, shall by comity be allowed the privilege of suing in our 
courts or testifying as witnesses therein, so long as the same com- 
ity is extended in their courts to the citizens of this State. 

Liens. § 1596. Aliens may receive and enforce liens by mortgage or 

otherwise on real estate in this State. 

Privileges of §1597. In accordance with the recommendation of the Con- 

y/enchmen. g ress of the United States expressed in the resolution passed on 
14th January, A. D., 1780, the citizens of the French Govern- 
ment shall continue to have the privilege of disposing of and set- 
tling their estates within this State, as provided in the act of this 
State, approved February 22d, A. D., 1785. 

Miiitm duty. § 1598. Residents, not citizens, and resident aliens, shall not 
be liable to militia duty, except so far as in repelling local inva- 
sions or suppressing insurrections. 



PT. 2.— TIT. 1.— CHAP. 1.— ART. 3.— Persons. 



319 



Section 1. — Of Slaves. 



ARTICLE III. 

OF SLATES AND FREE PERSONS OF COLOR. 

Section 1. Of slaves. 

Section 2. Of free persons of color 1 . 



SECTION! 



OF SLAVES. 



Section. 

1599. Definition of slave. 

1 600. Presumption of slavery. 

1601. Mulatto. 

1602. Chattels. 

1603. Natural rights, 

1604. Dominion of third persons. 



Section. 

1605. Acquisition of slave. 

1606. Property of slaves. 

1601. Children follow their mother. 

1608. Free persons may sell himself, &c. 

1609. Importation of slaves. 

1610. American Colonization Society. 



§ 1599. A slave is one over whose person, liberty, labor and Defini tioii of 
property another has legal control. slaves ° 

§1600. All negroes and mulattoes are deemed, and are hereby Presump . 
declared to be " prima facie" slaves, and it rests upon those al- 1™*° slave ~ 
leging freedom to prove it. 

§160! A mulatto is one in whose veins there is at least one- Mulatto. 
eighth of negro blood. 

§ 1602. All slaves are chattels personal, and to be governed by chattels. 
the same laws, except in cases expressly provided by statute, or 
where the nature of the property requires a modification of the 
ordinary rule. 

1603. The laws of nature guarantee to every man the right Natural 
to his life and his limbs, unless forfeited for crime. The state of 11 
slavery debars no one of this right. 

§ 1604. While the slave is under the dominion of his master, Dominion of 
third persons have no right of dominion over him, farther than sons. per 
the laws give such right for police purposes. 



1605. A slave cannot acquire or hold property. All his ac- 



Acquisition 



quisitions belong to his master. Gifts to him accompanied by ofslaves ' 
delivery, arcrue to the benefit of the master ; without delivery 
they cannot be enforced by law. 

§1606. All property held by a slave, with the consent of the Pr0 rt of 
master, is subject to the will of the master at any time. 



slave. 









320 



PT. 2.— TIT. 1.— CHAP. 1.— APT. 3.— Persons. 



Section 1. — Of Slaves. 



Importation 
of slaves. 



cwwren foi- S 1607. The children of all female slaves shall follow the eon- 
low the 
mother. dition of their mother, and shall belong to the person holding 

title to the mother at the time of their birth. If there be several 
estates in the mother, the same shall attach to the offspring. 
ma* e sei e i rson §1608- A free person of color, over twenty years of age, may 
slavery int ° voluntarily sell him or herself into slavery. In all such cases 
the sale must be made openly at a regular term of the Inferior 
Court of the county, when the Justices of said court shall pri- 
vately examine such free persons of color to satisfy themselves of 
his or her free consent. A record shall be made of such sale in 
the minutes of said term, and also in the book of registry of 
free persons of color in said county. 

§ 1609. Slaves may be brought into this State from any other 
slaveholding State of this Confederacy ; but no negroes, or other 
slaves, shall be imported into this State either as slaves or appren- 
tices, from their native land, or any foreign country; and all such 
negroes, so illegally imported into this State and placed under 
the control of the Executive of this State, shall be sold by his 
order under such regulations as he may prescribe ; one-fourth of 
the proceeds of such sale shall be given to the person or persons 
instrumental in causing the said negroes to be seized under the 
Acts of Congress, and the remainder shall be paid into the trea- 
sury of this State. 
American § 1610. If prior to said sale the American Colonization Society 
society? lon shall voluntarily propose to take possession of such negroes, and 
at their own expense colonize the same in Africa, the Governor 
is authorized to deliver the same to them. 



SECTION II. 

OF FREE PERSONS OF COLOR. 



Who are. 



Section. 

1611. Who are. 

1612. Rights of free person. 

1613. Included in slave laws. 

1614. Immigration prohibited. 

1615. Residence in free State. 

1616. Colored seamen. 



Section. 
161*?. Registry proceedings. 

1618. Objections. 

1619. Registry — what it shall contain. 

1620. Proceeding for failure. 

1621. Absence of six months. 

1622. Discretion of Inferior Court. 



§1611. Free persons of color are either emancipated slaves, or 
their descendants, or such persons as shall have at least one- 



eighth of negro blood in their veins 



PT. 2.— TIT. 1.— CHAP. L— ART. 3.— -Peksons. 321 

Section 2. — Of Free Persons of Color. 



persons. 



§1612. The free person of color is entitled to no right of citi- gjgwsof^ 
zenship, except such as are specially given by law. His status 
differs from that of the slave in this: Xo master having dominion 
over him he is entitled to the free use of his liberty, labor ana 
property, except so far as he is restrained by law. 

§1613. All laws enacted in reference to slaves, and in their lncluded in 
nature applicable to free persons of color, shall be construed to slavelaM 
include them, unless specially excepted. 

§1614. Iso free person of color, non-resident of this State, immigration 
shall be allowed at any time to come within the limits of this prohlblte * 
State, regularly articled seamen or apprentices arriving in any 
ship or vessel excepted. The exception above, in favor of articled 
seamen and apprentices, shall not apply if found within this 
State twenty days after the departure of the vessel upon which 
they arrived, or after his or their discharge from such vessel. 

§1615. ISb free person of color, resident in this State, who Residence in 
shall sojourn for a period longer than six months in a non-slave- free state ' 
holding State, shall be permitted, to return to this State, and 
such person so returning shall be treated and dealt with as a non- 
resident free person of color as provided in the foregoing section. 

§1616. Colored seamen arriving in this State, from any non- colored «*■ 
slaveholding State, shall be subject to the municipal regulations men " 
of the port, or city, or town near or in which the vessel may be 
with which they are connected; and such municipal authorities 
are authorized, in addition to such regulations, to require such 
bond of the captain, or other officer of such vessel, as may be 
necessary for the due execution of their ordinances. 

§1617. Every free person of color, over the age of sixteen Registry 
years, resident in this State, shall on or by the first day of July pr ° 
next after the adoption of this Code, and all those under that 
age within one year after his or her arrival at said age, apply to 
the Ordinary of the county of his or her residence and demand 
to be registered as a free person of color ; and upon a change of 
the residence of such free person of color into another county 
such demand shall be made in such county within one year after 
such change of residence. If such free person of color has been 
heretofore adjudged or recognized by the court of the county as 
free, and a guardian appointed for him or her, the Ordinary mav 
immediately enter his or her name on the registry and grant a 
certificate of such registry to the applicant. If such tree person 
has not thus been adjudged and recognized, the said Ordinary 
21 



322 PT. 2.— TIT. 1.— CHAP. 1.— AKT. 3.— Persons. 

Section 2. — Of Free Persons of Color. 

shall enter his application on the docket of said court, and give 
notice of the same at the court house door, and also written no- 
tice to the person with whom such applicant is then residing. 
At the next term of said court, if no objection is filed and no 
claim of ownership is made to said applicant, the said court shall 
hear evidence ex parte as to the fact of such applicant being a 
free person of color, of which fact evidence of five years' unin- 
terrupted enjoyment of liberty within this State shall be suffi- 
cient prima facie proof, and if satisfactory evidence be produced 
the court shall register such applicant as a free person of color, 
and shall immediately take steps to have some proper person 
appointed guardian of such applicant. If the evidence be not 
satisfactory the court shall refuse the application and leave the 
.applicant to the penalty hereinafter prescribed. 
^. x . §1618. If obiection be filed to such registry, or a claim of 

Objections. <-> J ° ■•> ,J ' 

Proceedings ownership be interposed, an issue shall be made and a guardian 
thereon. a g nt em appointed by the court for such applicant, which issue 
shall be tried by the Ordinary as other cases pending in said 
court, and an appeal allowed to either party to the Superior 
Court of said county. 
Registry— § 1619. The Ordinary in registering each free person of color, 
contain. s a shall state his name, age, parentage, place of nativity and resi- 
dence, his occupation or pursuit, together with as accurate a 
description of his personal appearance as possible. And the 
registry so kept shall be always open to the inspection of all 
persons. The registry heretofore kept by the Clerks of the 
Inferior Court shall be turned over to the Ordinaries. 
Pr section § 1620. Every free person of color failing to comply with the 
for failure. p rov i s i ns of section 1617, may be proceeded against in the same 
manner, and subject to the same penalties as are hereinafter pre- 
scribed in cases of non-resident free persons of color coming into 
this State, which prosecution may be repeated until such free 
person shall cause his name to be registered as aforesaid. 
Absence of §1621. A free person of color, registered as aforesaid, by an 
six months. a |3 Sence f more than six months from this State, shall lose all 
the benefits of such registration, and shall not be permitted again 
to have the benefit of this law. 
Discretion § 1622. The Ordinary shall inquire into the character of appli- 
of ordinary. can ts for registration, and shall have power and discretion to re- 
fuse the right to any such as have a bad character. 



PT. 2.— TIT. 1.— CHAP. 1.— AET. 4.— Peksons. 



323 



Section 1. — Nature and kind of Corporations. 



AKTICLE IV. 

OF CORPORATIONS. 

Section 1. Their nature and kinds. 

Section 2. Their creation. 

Section 3. Their powers and liabilities. 

Section 4. Their dissolution. 






SECTION I. 

THEIR NATURE AND KINDS. 



•Section. 

1623. Definition. 

1624. Public and private. 



Section. 

1625. Public. 

1626. Private. 



Public or 
private. 



§ 1623. A corporation is an artificial person created by law for definition 
specific purposes, the limit of whose existence, powers and lia- 
bilities is fixed by the act of incorporation, usually called its 
charter. 

§ 1624. Corporations are either public or private. 

§1625. A public corporation is one having for its object the Publi 
administration of a portion of the powers of government, dele- 
gated to it for that purpose — such are municipal corporations. 

§1626. All others are private, whether the object of incorpo- priYat « 
ration be for public convenience or individual profit, and whether 
the purpose be, in its nature, civil, religious or educational. 



SECTION II. 



THEIR CREATION. 



Section. 
1Q21. By whom created. 

1628. Foreign corporations. 

1629. Organization under order of court. 



Section. 

1630. Manufacturing corporation. 

1631. Companies for direct trade. 



§1627. The power to create corporations in this State vests By wh^ 
only in the General Assembly, by whom all charters, either di- crea 
rectly or indirectly, must be granted. 

§ 1628. Corporations created by other States or foreign gov- Foreign eor- 
ernments, are recognized in our courts only by comity, and so V ° T 



324: 



PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons. 



Section 2. — Creation of Corporations. 



under order 
of court, 



Petition. 



Order. 



long as the same comity is extended in their courts to corporations; 
created by this State. 
..,.., , §1629. A private corporation, for any purpose whatever, ex- 
cept banking or insurance, may be created in this State by com- 
plying with the following provisions : 

1. A petition by the persons desiring a charter to either the 
Superior or Inferior Court of the county where a majority of the 
corporators reside, or in which they may desire to transact busi- 
ness, setting forth the object of their association, and the privi- 
leges they desire to exercise, together with the name and style 
by which they desire to be incorporated, which petition, by order 
of said court, shall be entered in full upon its minutes. 

2. If, upon hearing such petition, the court shall be satisfied 
that the application is legitimately within the purview and inten- 
tion of this Code, it shall pass an order declaring the said appli- 
cation granted, and the petitioners and theirisuccessors incorpo- 
rated for and during a term not exceeding fe«rl^n years, with 
the privilege of renewal at the expiration of that time, according 
to the provisions above set forth. A certified copy of this peti- 
tion and order under the seal of the court, shall be evidence of 
such incorporation in any court in this State. 

3. The individual members of such corporations, whenever the 
object of the association is for the purpose of trading or transact- 
ing business for profit, shall be jointly and severally bound for 
the ultimate payment of all the contracts of said companies, in- 
curred while they are members of the same. 

4. The Clerk of the court, for his services, shall receive the 
usual fees allowed for similar services in other cases. 

5. Corporations thus created may exercise all corporate powers 
necessary to the purpose of their organization, but shall make no 
contract or purchase, or hold any property of any kind, except 
such as is necessary in legitimately carrying into effect such pur- 
pose, or for securing debts due to the company. 

§ 1630. A private corporation, for the purpose of manufactu- 
XnT po ~ ring, may be created without the stockholders incurring an indi- 
vidual liability for its indebtedness by complying with the fol- 
lowing provisions : 

1. A declaration by the applicants, specifying the objects of 
their association, and the particular business they propose to carry 
on, together with their corporate name, and the amount of capi- 
tal to be employed by them, and the time, not exceeding thirty 



Individual 
liability. 



Ve>e& 



Powers. 



Manufactu- 



Petition. 



PT. 2.— TIT. 1.— CHAP. 1.— APT. 4.— Persons. 325 



Section 2. — Creation of Corporations. 



years, for which they desire to be incorporated, which declara- 
tion shall be signed by all the stockholders, and accompanied by 
the affidavit of the President, taken before some person author- Affidavit - 
ized to administer oaths, of the amount of capital in gold and 
silver, or notes of solvent banks, or property, at its sworn valua- 
tion, actually paid in and employed by such corporation. 

2. Such declaration and affidavit shall be filed in the office of publication 
the Clerk of the Superior Court of the county where the business 

is proposed to be transacted, to be by him recorded, and shall 
also be published once a week for two months in two public ga- 
zettes nearest to the point where such business is located. At 
the expiration of the said time, the Clerk of said court shall issue 
a certified copy of said declaration aad affidavit, adding the time 
and manner of publication, which shall be held and received as 
evidence of the charter of said corporation in any court in this 
State. 

3. If such corporation shall, at any time, desire to increase Increasin? 
their capital stock, an affidavit, like to the above, shall be made, 8tock * 
recorded and published as above, and a new certificate issued. 

4. If the affidavit taken by the President be false as to the Effect of 
amount of capital, bona fide paid in, each and every corporator vitf a 
shall be jointly and severally liable for all debts and contracts 
made at any time by said corporation. 

5. The whole amount of the indebtedness of such corporation, Extent of in- 
not counting its capital stock, shall not, at any time exceed the debtedne8S - 
capital stock actually paid in. And in case of a violation of this 
provision, the officers and agents by whom such excess shall be 
created, shall be jointly and severally liable to the extent of such 
excess, for all the debts of the company then existing, and also 

for all debts contracted while they are in office, until the debts 
shall be reduced to the amount of the capital stock actually paid 
in. 

6. Such corporation may exercise all corporate powers neces- p 0W er«. 
sary for the purpose of their organization, and may hold such 
real estate, and other property as may be necessary for such pur- 
pose, or such as they may take in settlement of any debts due to 
them, and may dispose of the same. 

7. The regular fees shall be paid to the clerk for the services Fees, 
performed by him. 

§ 1631. For the encouragement of direct trade with foreign companies 
countries, private corporations, having such trade for their object, t^de 1 " 



326 



PT. 2.— TIT. 1.— CHAP. 1.— AET. 4.— Persons. 



Section 2. — Creation of Corporations. 



may be formed by any number of the citizens of this State, by 
complying with the provisions of the foregoing section, incorpo- 
rating manufacturing companies, with this modification, that 
only ten per cent, of the capital stock shall be required to be paid 
in before the affidavit of the President is made, and that the capi- 
tal stock shall, in every case, be at least two hundred and fifty 
thousand dollars. 



Continu- 
ance. 



Common 
powers. 



Responsi- 
bility for 
acts of offi- 
cers. 



SECTION III. 

THE POWERS AND LIABILITIES OF CORPORATIONS. 



Section'. 

1632. Continuance. 

1633. Common powers. 



Section. 
1634. Responsibility for acts of officers. 



§1632. Corporations have continuous succession during the 
time limited by their charter, notwithstanding the death of their 
members. Should any charter granted in future by the General 
Assembly to a private corporation be silent as to its continuance, 
such charter shall expire at the end of thirty years from the date 
of its grant. 

§ 1633. All corporations have the right to sue and be sued, to 
have and use a common seal, to make by-laws, binding on their 
own members, not inconsistent with the laws of this State and 
of the Confederate States, to receive donations by gift or will, to- 
purchase and hold such property, real or personal, as is neces- 
sary to the purpose of their organization, and to do all such acts 
as are necessary for the legitimate execution of this purpose. 

§1634. Every corporation acts through its officers, and is re- 
sponsible for the acts of such officers in the sphere of their ap- 
propriate duties; and no corporation shall be relieved of its lia- 
bility to third persons for the acts of its officers, by reason of any 
by-law or other limitation upon the power of the officer, not 
known to such third person. 



FT. 2.— TIT. 1.— CHAP. 1.— AKT. 4.— Persons. 



327 



Section 4. — Dissolution of Corporations. 



SECTION IY. 



OP THE DISSOLUTION OF CORPORATIONS. 



Section. 

1635. Of public corporations. 

1636. In private charters. 
1631. Heretofore granted. 

1638. How dissolved. 

1639. How forfeited. 



Section. 

1640. Surrender. 

1641. Death, of members. 

1642. Disposition of assets. 

1643. Collateral liabilities. 



§1635. Public corporations being established for public purpo- cor _ 
ses, are always subject to dissolution by the act of the General P° rations - 
Assembly. 

§1636. In all cases of private charters hereafter granted the Private char- 
State reserves the right to withdraw the franchise, unless such e 
right is expressly negatived in the charter. 

§1637. Private corporations heretofore created, without the Heretofore 
reservation of the right of dissolution, and where individual 
rights have become vested, are not subject to dissolution at the 
will of the State. 

§1638. Every corporation is dissolved — 1, by expiration of itsnowdis- 
charte; 2, by forfeiture of its charter; 3, by a surrender of its 
franchises ; 4, by the death of all its members without provision 
for a succession. 

§1639. A corporation may forfeit its charter — 1, by a wilful How f 0r . 
violation of any of the essential conditions on which it is granted; 
2, by a misuser or non-user of its franchises; this dissolution 
dates from the judgment of a court of competent jurisdiction 
declaring the forfeiture. 

§ 16-10. A corporation may be dissolved by a voluntary sur- surrender. 
render of its franchises to the State ; in such case such surrender 
does not relieve its officers or members from any liability for the 
debts of the corporation. 

§1611. The death of all the members of a corporation, or of Deathof 
so many of them as to render it impossible under the charter to members - 
provide a succession, is a dissolution thereof. 

§1612. Upon the dissolution of a corporation, for any cause, Disposition 
all of the property and assets of every description, belonging to ° asse 
the corporation, shall constitute a fund, first, for the payment of 
its debts, and then for equal distribution among its members ; to 
this end the Superior Court of the county where such corpora- 
tion was located, shall have power to appoint a receiver, under 






328 



PT. 2.— TIT. 1.— CHAP. 1.— APT. 4.— Pep. 



SONS. 



Section 4. — Dissolution of Corporations. 



proper restrictions, properly to administer such assets under its 
direction. 
Collateral § 1643. The dissolution of a corporation, from any cause, shall 
not, in any manner, affect any collateral or ultimate, or other lia- 
bility, legally incurred by any of its officers or members. 



Domicil. 



Election of 
one of two. 



Transient 
persons. 



Feme co- 
vert. 



Of minor. 



CHAPTER II. 

OF DOMICIL AND THE MANNER OF CHANGING- THE SAME. 



Section. 

1644. General rule. 

1645. Persons residing at two or more. &c. 

1646. Feme Covert. 
1641. Of minor. 



Section. 

1648. Lunatics, &c. 

1649. Of slave or free person of color. 

1650. Change of domicil. 

1651. Of persons not " sui juris." 



§ 1644:. The domicil of every person of full age, and laboring 
under no disability, is the place where the family of such person 
shall permanently reside, if in this State. If he has no family, or 
they do not reside in this State, then the place where such per- 
son shall generally lodge shall be considered his domicil. 

§ 1645. If a person shall reside indifferently at two or more 
places in this State, such person shall have the privilege of elect- 
ing which shall be his domicil, and if such election be made no- 
torious, the place of his choice shall be his domicil. If no such 
election be made, or if made is not generally known among those 
with whom he transacts business in this State, third persons may 
treat either one of such places as his domicil, and it shall be so 
held. And in all cases a person who habitually resides a portion 
of the year in one county and another portion in another, shall 
be deemed a resident of both, so far as to subject him to suits in 
either for contracts made or torts committed in such county. 
Transient persons whose business or pleasure causes a frequent 
change of residence, and having no family permanently residing 
at one place in this State, shall be held and deemed as to third 
person to be domiciled at such place as they at the time tempo- 
rarily occupy. 

§ 1646. The domicil of a married woman shall be that of her 
husband, except in two cases : 1, of voluntary separation and 
living apart ; 2, of a pending application for divorce. In which 
case her domicil shall be determined as if she were a feme sole. 

§1647. The domicil of every minor shall be that of his father, 
if alive, unless such father has voluntary relinquished his pa- 



FT. 2.— TIT. 1.— Persons. 329 



Chapter 2.— Of Domicil, and the manner of changing the same. 

rental authority to some other person. In such event the domi- 
cil of the minor shall be that of his master, if an apprentice, or 
his employer ; if neither master or employer, then the place 
of his own choice ; if the father be dead, then the domicil of the 
minor shall be that of his guardian, if he has one in this State ; 
if no guardian, then of his mother, if alive ; if no mother, then of 
his employer ; if no employer, then of his own choice. The domi- 
cil of a bastard shall be that of his mother. 

§ 1648. Persons of full age, who for any cause are placed un- Lvmatioe- 
der the power of a guardian, have the same domicil with the 
guardian. 

§1649. The domicil of a slave is generally that of his master ; of slave or 
by the master's assent he may acquire a different domicil. The r f e co?or[ son 
domicil of a free person of color is that of his guardian. 

§ 1650. The domicil of a person " sui juris" may be changed change of 
by an actual change of residence with the avowed intention of omic 
remaining. A declaration of an intention to change the domicil 
is ineffectual for that purpose until some act done in execution of 
the intention. 

§1651. A person, whose domicil for any reason is dependent of pen 
upon that of another, can by no act or volition of his, effect a «jwis, 
change of his own domicil, nor can a guardian change the domi- 
cil of his ward by a change of his own or otherwise, so as to in- 
terfere with the rules of inheritance or succession, or otherwise 
.affect the rights or interests of third persons. 



sons 
not '■'■sui 









330 PT. 2.— TIT. 2.— CHAP. 1.— APT. 1.— Domestic Kelations. 



Section 1. — Marriage — how. and by whom Contracted. 



TITLE II. 

OF THE DOMESTIC RELATIONS. 

Chapter 1. Of husband and wife. 

Chapter 2. Of parent and child. 

Chapter 3. Of guardian and ward. 

Chapter 4. Of master and servant. 

Chapter 5. Of master and slave. 



CHAPTER I. 

OP HUSBAND and wife. 

Article 1. Of marriage and divorce. 

Article 2. Of the rights and liabilities of husband and wife, &c 

Article 3. Of marriage contracts and settlements. 



AETICLE I. 

OF marriage and divorce. 

Section 1. Marriage — how and by whom contracted. 
Section 2. Divorces — and how obtained. 
Section 3. Of Alimony. 



SECTION I. 



MARRIAGE— HOW AND BY WHOM CONTRACTED. 



Section. 

1652. Restraint of marriage. 

1653. Essentials of marriage. 

1654. Who is able to contract. 

1655. Prohibited degrees. 

1656. Consent. 

1657. Void marriages. 

1658. License or bans. 

1659. Licenses — how granted. 

1660. Return of marriage by bans. 



Section. 

1 661. Consent of parents. 

1662. Penalty on person officiating. 
i 1663. Jewish marriages. 

I 1664. Amalgamation prohibited. 

1665. Free persons of color. 

1666. Of Slaves. 

1667. Want of authority in Minister, &c. 

1668. Marriage in another State. 



Restraints of 
marriage. 



§ 1652. Marriage is encouraged by the law, and every effort to 
restrain or discourage marriage by contract, condition, limitation 
or otherwise, is invalid and void. Prohibiting marriage to a par- 









PT. 2. TIT. 2. — CHAP. 1. — APT. 1. — Domestic Kelations. 331 



# Section 1. — Marriage — how and by whom Contracted. 



ticular person or persons, or before a certain reasonable age, or 
other prudential provision looking only to the interest of the 
person to be benefited, and not in general restraint of marriage, 
will be allowed and held valid. 

§1653. To constitute a valid marriage in this State, there Essentials^ 

, marriage. 

must be — 

1. Parties able to contract. 

2. An actual contract. 

3. Consummation according to law. 

§1654. To be able to contract marriage, a person must be of Wholaable 
sound mind ; if a male, at least seventeen years of age, and if a t0 contr a ct - 
female, at least fourteen years of age, and laboring under neither 
of the following disabilities, viz : 

1. Previous marriage undissolved. 

2. Nearness of relationship by blood or marriage as hereinafter 
explained. 

3. Impotency. 

§1655. Persons related by consanguinity within the fourth de- ProMbited 
gree of the civil law, are prohibited from intermarrying. Mar- de ^ ree8 - 
riages between persons related by affinity in the following man- 
ner are prohibited, viz : A man shall not marry his step-mother, 
or mother-in-law, or widow of his uncle, or daughter-in-law, or 
step-daughter or grand-daughter of his wife. A woman shall not 
marry her corresponding relatives. Marriages within the degrees 
prohibited by this section are incestuous. 

§1656. To constitute an actual contract of marriage, the par- Consent 
ties must be consenting thereto voluntarily, and without any fraud 
practiced upon either. Drunkenness at the time of marriage, 
brought about by art or contrivance to induce consent, shall be 
held a fraud. 

§1657. Marriages of persons unable to contract, or unwilling void mar- 
to contract, or fraudulently induced to contract, are void. The 
issue of such marriages, before they are annulled and declared Issue ' 
void by a competent court, are legitimate. In the latter two cases, Effect of rat - 

J r ' to „ . ification. 

however, a subsequent consent and ratification ot the marriage 
freely and voluntarily made, accompanied by cohabitation as hus- 
band and wife, shall render valid the marriage. 

§1658. To render valid a marriage in this State, there must be License or 
-either a license previously granted by the proper officer author- ans * 
izing such marriage, or a publication of the bans of marriage in a 



< 



/J % 



332 PT. 2.— TIT. 2.— CHAP. 1.— APT. 1.— Domestic Eelations. 



Section 1 — Marriage — how and bv whom Contracted. 



neighboring church, in the presence of the congregation, for at 
least three Sabbath days prior to its solemnization. 
License*- § 1659. Marriage licenses shall be granted by the Ordinaries, 

how grant- ° ° , * 

ed - or their deputies, of the several counties where the female to be 

married resides, if resident in this State, directed to any Judge, 
Justice of the Inferior Court, Justice of the Peace or Minister of 
the Gospel, authorizing the marriage of the persons therein named, 
Eetum and anc ^ rehiring such Judge, Justice or Minister to return the said 
record. license to the Ordinary, with his certificate thereon as to the fact 
and date of the marriage, which license, with the return thereon, 
shall be recorded, by the Ordinary, in a book to be kept by him 
for that purpose, 
iietumof § 1660. If any Judge, Justice or Minister shall connect, in mar- 
b?uTs. xa§ y riage, persons whose bans have been published, such Judge, Jus- 
tice or Minister shall certify the fact to the Ordinary of the 
county where such bans were published, who shall record the 
same in the same book with marriage licenses. 
Consent of § 1661. It shall be the duty of the Ordinary, and his deputy, 
parents. £ inquire as to the ages of all persons for whom marriage licenses 
are asked, and if there be any ground of suspicion that the female 
is a minor under the age of eighteen years, such Ordinary and 
his deputy shall refuse to grant the license until the written con- 
sent of the parent or guardian, if any controlling such minor, 
shall be produced and filed in his office ; and any Ordinary who, 
by himself or deputy, shall knowingly grant such license with- 
out such consent, or without proper precaution in inquiring as to 
Penalty on the fact of minority, or for the marriage of a female, to his know- 
ledge, domiciled in another county, shall forfeit the sum of five 
hundred dollars for every such act, to be recovered at the suit of 
the Clerk of the Superior Court, and added to the Educational 
Fund of the county. 

Penalty on §1662. Any Judge, Justice or Minister who shall -join in mar- 
person Offi- ° •» © ' O 

elating. riage any couple without such license, or the publication of bans 
as aforesaid, shall forfeit the sum of five hundred dollars, to be 
recovered and appropriated as set forth in the foregoing para- 
graph. 

Jewish § 1663. Upon request, the Ordinary may direct the marriage 

license to any Jewish Minister, or other person of any religious 
society or sect, authorized by the rules of such society, to perform 
the marriage ceremony, who shall make return thereon as before 
required. 



marriages. 



PT. 2.-— TIT. 2.— CHAP. l.—AKT. 1.— Domestic Kelations. 333 



Section 1. — Marriage — how and by whom Contracted. 



§ 1664. Marriages between white persons and negroes, or mn- Amaigama- 

" ° , .-, . tion pro- 

lattoes, as defined in this Code, are prohibited. Mbited. 

§1665. Marriages between free persons of color may be made Free per . 
without license, or publication of bans. sonsofcoi- 

§1666. The contubernial relation among slaves shall be recog- of B]avea> 
nized in public sales whenever possible, and in criminal trials 
where it becomes important to the advancement of justice. 

§1667. A marriage valid in other respects, and supposed by want of au- 
the parties to be valid, shall not be affected by a want of author- M?Msteror 

' T TJ 

ity in the Minister or Justice to solemnize the same ; nor shall 
such objection be heard from one party who has fraudulently in- 
duced the other to believe that the marriage was legal. 

§ 1668. All marriages solemnized in another State by parties Marriage 
intending at the time to reside in this State, shall have the same "' 
legal consequences and effect as if solemnized in this State. 
Parties resident in this State cannot evade any of the provisions 
ot its laws, as to marriage, by going into another State for the 
solemnization of the marriage ceremony. 



in 



another 
State. 



SECTION II. 



OF DIVORCES AND HOW OBTAINED. 



Section. 
1669. Total and partial. 
1.670. Grounds for total divorce. 

1671. Discretionary grounds. 

1672. Grounds for partial divorce. 
1678. Condonation, collusion, &c. 

1674. Confessions of party. 

1675. Proceeding's. 

1676. Schedule. 

1677. Transfer pending suit. 

1678. Verdict of Jury. 



Section. 

1679. New trials. 

1680. Judgment or decree. 

1681. Conscientious scruples. 

1682. Effect of total divorce. 

1683. Second marriage. 

1684. Effect of partial divorce. 

1685. Custody of children. 

1686. Renewal — cohabitation. 

1687. Ex parte cases. 



§1669. Divorces may be granted by the Superior Court, and Total and 
shall be of two kinds — total, or from bed and board. The con- par 
current verdicts of two special juries, at the same term or other- Tw° vt?r - 
wise, shall be necessary to a total divorce. A divorce from bed 
and board may be granted on the verdict of one special jury. ■ / 

§1670. The following grounds shall be sufficient to authorize Grounds f«- 

i* . „ -. i. total di- 

tne granting of a total divorce : vorce. 

1. Intermarriage by persons within the prohibited degrees of 
consanguinity and affinity. 









V^^ ^cA~ {* 



334 FT. 2.— TIT. 2.— CHAP. 1.— AKT. 1.— Domestic Eelations. 

Section 2. — Of Divorces, and how obtained. 

2. Mental incapacity at the time of the marriage. 

3. Impotency at the time of the marriage. 

4. Force, menaces, duress or fraud in obtaining the marriage. 

5. Pregnancy of the wife, at the time of marriage, unknown 
to the husband. 

6. Adultery in either of the parties after the marriage. 

7. Wilful and continued desertion by either of the parties for 
the term of three years. 

8. The conviction of either party for an offence involving 
moral turpitude, and under which he or she is sentenced to im- 
prisonment in the Penitentiary for the term of two years or 
longer. 

Discretion- §1671. In cases of cruel treatment or habitual intoxication by 

■ary grounds. ° ..... . 

either party, the jury, in their discretion, may grant either a 

total or partial divorce. 
Grounds for *-"''§ 1672. Divorces from bed and board may be granted on any 
vorce. ground which was held sufficient in the English courts prior to 

4th May, 1784. 

pondona- §1673. If the adultery, desertion, cruel treatment, or intoxica- 
tion, collu- ° •" ' ' 

sion, &c. tion complained of shall have been occasioned by the collusion of 
the parties, and with the intention of causing a divorce, or if the 
party complaining was consenting thereto, or if both parties have 
been guilty of like conduct, or if there has been a voluntary con- 
donation and cohabitation subsequent to the acts complained of, 
and with notice thereof, then no divorce shall be granted ; and 

?ffury hon hi all cases, the party sued may plead in defence the conduct of 
the party suing, and the jury may, on an examination of the 
whole case, refuse a divorce. 

confessions § 1674. The confessions of a party to acts of adultery or cruel 
treatment, should be received with great caution, and if unsup- 
ported by corroborating circumstances, and made with a view to 
be evidence in the cause, should not be deemed sufficient to grant 
a divorce. 

Proceedings. § 1675. The action for divorce shall be by petition and process, 
as in ordinary suits, filed and served as in other cases, unless the 
defendant be non-resident of this State, when service shall be 
perfected as prescribed in this Code in causes in equity. The 
same rules of pleading shall obtain as in other causes at law. 

schedule. § 1676. In all suits for divorce, the party applying shall render 
a schedule, on oath, of the property owned or possessed by the 
parties at the time of the application — or at the time of separa- 









PT. 2.— TIT. 2.— CHAP. 1.— AET. 1.— Domestic Relations. 335 

Section 2. — Of Divorces, and how obtained. 

tion, if the parties have separated — distinguishing the separate 
estate of the wife, if there be any, which shall be filed with the 

of property, petition, or pending the suit, under the order of the court. The 
jury rendering the final verdict in the cause may provide perma- 
nent alimony for the wife, either from the corpus of the estate or 
otherwise, according to the condition of the husband and the 
source from which the property came into the coverture. 

Transfer § 1677. After a separation, no transfer by the husband of any 

[ ' of the property, except bona fide, in payment of pre-existing 
debts, shall pass the title so as to avoid the vesting thereof, ac- 
cording to the final verdict of the jury in the cause. 

Verdict of § 1678. The verdict of the jury shall specify the kind of di- 
vorce granted, and the disposition to be made of the scheduled 
property. 

New trials. §1679. New trials may be granted from verdicts on applica- 
tions for divorce, as in other cases. 

judgment or §1680. The verdicts of juries disposing of the property in di- 
vorce cases shall be carried into effect by the courts, by entering 
up such judgment or decree, or taking such other steps usual in 
Chancery Courts as will effectually and fully execute the same. 

conscien- § 1681. A juror having conscientious scruples as to granting 

pies. divorces, is incompetent to serve on such applications. At the 

request of the complainant the court may inquire of the panel 
touching such scruples. 

Effect of to- § 1682. A total divorce annuls the marriage from the time of 
its rendition, except it be for a cause rendering the marriage void 
originally, but in no case of divorce shall the issue be rendered 
bastards, except in case of pregnancy of the wife at the time of 
the marriage. 

Second mar- §1683. Unless the marriage was void originally, the offend- 
ing party shall not be allowed to marry again during the life of 
the other party, though a total divorce is granted; and in case of 
such second marriage, the offending party shall be held guilty of 
bigamy. 
Effectof par- § 1684. A divorce from bed and board authorizes neither party 
3 " to marry; and if a sufficient provision for the maintenance of 
the wife has been made by the verdict of the jury, the husband 
shall not be liable for her future support. The wife shall be a 
feme sole as to her earnings and property, as well as liberty, after 
a divorce from bed and board. 

§ 1685. In all cases of divorce granted, the party not in default 



336 PT. 2.— TIT. 2.— CHAP. 1.— APT. 1.— Domes™ Relation. 

Section 2. — Of Divorces, and how obtained. 

Sii£ ° f sna ^ k<3 entitled to the custody of the minor children of the mar- 
riage ; the court, however, in the exercise of a sound discretion, 
may look into all the circumstances, and, after hearing both par- 
ties, make a different disposition of the children, withdrawing 
them from the custody of either or both parties, and placing 
them, if necessary, in the possession of guardians appointed by 
the ordinary. The court may exercise a similar discretion pend- 
ing the libel for divorce. 

Eenewedco- §1686. Parties divorced from bed and board, on subsequent 
reconciliation, may live together again as husband and wife, by 
first filing in the office of the Ordinary of the county where the 
divorce was granted, their written agreement to that effect, at- 
tested by the Ordinary. 

Mcjwtecu- §1687. In divorce cases proceeding ex parte, it is the duty of 
the Judge to see that the grounds are legal, and sustained by proof, 
or to appoint the Solicitor General, or some other attorney of the 
court, to discharge that duty for him. 



SECTION III. 

OF ALIMONY. 

Section. j Section. 

1688. Permanent and temporary. I 1694. Husband's voluntary deed. 

1689. Proceedings to obtain. j 1695. Decree in equity. 

1690. Discretion of Judge. i 1696. Liability to third persons, &c 

1691. Revision and enforcement. j 1697. After alimony granted. 

1692. Merits not in issue. ! 1698. Subsequent cohabitation. 

1693. Permanent alimony — when gra ted. | 1699. Interest of wife in husband's estate, 

Permanent § 1688. Alimony is an allowance out of the husband's estate, 
raVy. temp °" made for the support of the wife, when living separate from him. 

It is either temporary or permanent. 
Proceedings §1689. Whenever an action for divorce, at the instance of 
either party, is pending, or a suit by the wife for permanent ali- 
mony, the wife may, at any regular term of the court in which the 
same is pending, apply to the presiding Judge, by petition, for an 
order granting to her temporary alimony pending the cause ; and, 
after hearing both parties, and evidence as to all the circumstan- 
ces of the parties, and as to the fact of the marriage, the court 
shall grant an order allowing such temporary alimony, including 
expenses of litigation, as the condition of the husband and the 
facts of the case may justify. 



to obtain. 



PT. 2.— TIT. 2.— CHAP. 1.— AKT. 1.— Domestic Relations. 337 



Section 3. — Of Alimony. 



§1690. In arriving;, at the proper provision the Judge shall Discretion 

of Jud^c. 

consider the peculiar necessities of the wife, growing out of the 
pending litigation ; he may also consider any evidence of a sepa- 
rate estate owned by the wife, and if such estate is ample, as 
compared with the husband's, temporary alimony may be refused. 

§ 1691. The order allowing alimony shall be subject to revision itevisionand 

, . i i i» i • 1 i • -enforcement 

by the court at any time, and may be enforced either by writ ot 
fieri facias or by attachment for contempt against the person of 
the husband. A failure to comply with the order shall not de- 
prive the husband of his right either to prosecute or defend his 
cause. 

§1692. On applications for temporary alimony, the merits of Merits not 
the cause are not in issue, though the Judge, in fixing the amount 
of alimony, may inquire into the cause and circumstances of the 
separation rendering the alimony necessary, and in his discretion 
may refuse it altogether. 

§1693. Permanent alimony is granted in the following cases : Permanent 

1, of divorce as considered in the former section: 2, in cases of when grant- 

. ... ed 

voluntary separation ; 3, where the wife, against her will, is either 

abandoned or driven off by her husband. 

§1691. In either of the two latter cases the husband may vol- Husband's 
untarily, by deed, make an adequate provision for the support deed. 
and maintenance of his wife, consistent with his means and her 
former circumstances, which shall be a bar to her right to per- 
manent alimony. 

§ 1695. In the absence of such provision, on the application of Decree in 
the wife, a court of equity may, by decree, compel the husband eqmty ' 
to such provision for the support of the wife and such minor chil- 
dren as may be in her custody, as indicated in the foregoing para- 
graph. 

§1696. Until such provision is made, voluntarily or by decree Liability to 
or order of the court, the husband shall be liable to third persons before^T™ 
for the board and support of the wife, and for all necessaries fur- 
nished to her, or for the benefit of his children in her custody. 

§1697. When permanent alimony is granted the husband After aii- 
ceases to be liable for any debt or contract of the wife; on theed° DJ 
other hand he ceases to have any power to control her acquisi- 
tions by purchase, or descent, or gift, or otherwise ; and the pro- 
perty of the husband set apart for the support of the wife is not 
subject to his debts or contracts so long as she lives. 

§ 1698. The subsequent voluntary cohabitation of the husband 
22 



338 PT. 2.— TIT. %— CHAP. 1.— AET. 1.— Domestic Kelations. 



Section 3. — Of Alimony. 



Subsequent and wife shall annul and set aside all provision made, either by 
tions. deed or decree, for permanent alimony. The rights of children 

under any deed of separation or voluntary provision for alimony 

shall not be affected thereby, 
interest of § 1699. After permanent alimony granted, upon the death of 
b^nVs^- 118 " the husband the wife is not entitled to any farther interest in 

his estate in her right as wife, but such permanent provision 

shall be continued to her, or a portion of the estate equivalent 

thereto shall be set apart to her. 



tate. 



ARTICLE II. 

OF THE RIGHTS AND LIABILITIES OE HUSBAND 

HEREIN OF DOWER. 

Section. l Section. 



AND WIFE AND 



1700. Husband is head of family. 

1*701. Marital rights. 

1102. Property given to wife, &o. 

1703. Torts to wife. 

1704. Acquisitions of wife. 

1705. Agenc} r of wife. 

1706. Liability of husband for necessaries 

1707. General agency of wife. 

1708. Free trader. 

1709. Survivorship. 

1710. Wife's equity. 

1711. Husband sole heir. 



1712. Wife — when sole heir. 

1713. Dower. 

1714. How barred. 

1715. Election in case of bequest, &c. 
17 1G. Election in ignorance. 

1717. Dower in several tracts. 

1718. Dwelling-house. 

1719. Lien no bar. 

1720. Life estate in proceeds of sale. 

1721. Or absolute estate in specified sum. 

1722. Paraphernalia. 

1723. Wife may appear against husband. 



Husband is 
head of 
family. 



Marital 
rights. 



Exception. 

Wife's debts, 



Property 
given to or 
acquired by 
wife. 



§ 1700. In this State the husband is the head of the family, 
and the wife is subject to him; her legal civil existence is merged 
in the husband, except so far as the law recognizes her sepa- 
rately, either for her own protection, or for her benefit, or for the 
preservation of public order. 

§ 1701. Upon marriage, all the real estate of the wife, and all 
the personalty in possession, or which may be reduced to posses- 
sion by the husband during his lifetime, shall vest in and belong 
absolutely to the husband, except that such property shall not 
be liable for the payment of any debt, default or contract of the 
husband existing at the time of the marriage. The husband 
shall be bound for the payment of the debts of the wife existing 
at the time of the marriage, to the extent of the property re- 
ceived by her only, and the property received through the wife 
shall be liable for the payment thereof. 

§1702. All property given to the wife during the coverture, or 
acquired by her, shall vest in the husband, but any words in the 



PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 339 



Article 2. — Of the Rights and Liabilities of Husband and "Wife, &c. 

gift or bequest indicating a wish for the personal enjoyment 
thereof by the wife, such as a gift to the wife by name, shall 
create a separate estate, therein for her, and in no case shall the 
personal acquisitions of the wife be subject to the debts 
of the husband. Property inherited by the wife during the 
coverture and reduced into possession by the husband, shall 
vest in him as property owned by the wife at the marriage, but 
in like manner not subject to the then existing debts or contracts 
of the husband. 

§1703. If a tort be committed upon the person or reputation Torts to wifo 
of the wife, the husband may recover therefor; if, however, the 
wife is living separate from the husband she may sue for such 
torts, and also torts to her children, and recover the same to her 
use. In like manner, when separated from the husband, she of living se- 

, . „ , ... parate from 

may enforce contracts made in reference to her own acquisitions, husband 

§1704. When living separate from her husband the acquisi- Acquisitions 
tions of a wife and of her children living; with her, shall be vested in s separate 

° ? from her 

in the wife for her separate use, free from the debts, contracts or husband, 
control of her husband, and at her death, intestate, the same 
shall descend to her children, and if none, to her next of kin. 

§ 1705. The husband is bound to support and maintain his Agency of 
wife, and his consent shall be presumed to her agency in all pur- spect to ne- 
chases of necessaries, suitable to her condition and habits of life, 
made for the use of herself and the family. This presumption 
may be rebutted by proof. 

§1706. The husband is bound for necessaries furnished to the Liability of 
wife, when separated from him, subject to the limitations herein- necessaries 
before provided. If the wife be living in adultery with another 
man the husband is not liable ; but notice by the husband shall 
not relieve him from liability, if his wife is separated from him 
by reason of his own misconduct; if she voluntarily abandons 
him without sufficient provocation, notice by the husband shall 
relieve him of all liability for necessaries furnished to her. 

§ 1707. The wife may act as attorney and agent for the hus- General 
band, but except in cases before mentioned proof of such au-^ cyot 
thority must be made as in other cases. 

§ 1708. The wife, by consent of her husband, evidenced by Free trader, 
notice in a public gazette for one. month, may become a public or 
free trader ; in which event she is liable as a feme sole for all her 
contracts, and may enforce the same in her own name. In such 
cases the acquisitions of the wife becomes her separate estate. 



^ 



340 



PT. 2.— TIT. 2,— CHAP. 1.— Domestic Keeations. 



Article 2.— Of the Rights and Liabilities of Husband and "Wife. &c. 



Survivor- 
ship. 



Wife's 
equity. 



Husband 
sole heir. 



Wife — when 
sole heir. 



Dower . 



How barred. 



§1709. Upon the death of the husband all the property of the- 
wife, not reduced to actual possession by the husband, survives* 
to the wife. An assignment by the husband without her assent 
shall not bar her rights. 

§ 1710. The wife's equity is her right to a reasonable provision 
for the support of herself and her children out of such of her 
property as has not been reduced into possession by the husband,, 
and upon her application through a next friend, the Superior 
Court, upon a full consideration of all the facts, and of any for- 
mer settlement made, may settle such property upon her with 
such limitations as the jury may decree. The husband may vol- 
untarily, by deed, make the same settlement. He cannot by an 
assignment for value defeat the equity. 

§1711. Upon the death of the wife the husband is her sole 
heir, and upon payment of her individual debts, if any, may take- 
possession thereof without administration. If the husband be 
insolvent the wife's equity shall survive to her children, if any. 

§ 1712. Upon the death of the husband, without lineal descen- 
dants, the w r ife is his sole heir. 

§ 1713. Dower is the right of a wife to an estate for life in one- 
third of the lands, according to valuation, including the dwelling- 
house (which is not to be valued unless in a town or city) of which 
thehusb and was seized and possessed at the time of his death, or 
to which the husband obtained title in right of his wife. 

§ 1714. Dower may be barred — 

1. By provision made prior to the marriage and accepted by 
the wife in lieu of dower. 

2. By a provision made by deed or will, and accepted by the' 
wife after the husband's death, expressly in lieu of dower, or 
where the intention of the husband is plain and manifest that it 
shall be in lieu of dower. 

3. By the election of the widow within twelve months from 
the grant of letters testamentary, or of administration on the 
husband's estate, to take a child's part of the real estate in lieu 
of dower. 

4-. By a failure to apply for the dower for seven years from the 
death of the husband. 

5. By the wife's deed with her husband to lands to which the 
title came through her. 

6. By the adultery of the wife unpardoned by the husband. 



PT. 2.— TIT. 2. — CHAP. 1. — Domestic Kelations. 341 



Article 2.— Of the Rights and Liabilities of Husband and Wife, &c. 



§ 1715. If the husband by will <nves to his wife an interest in Election in 
° i /? i • i cases of be * 

liis lands, her election of dower bars her oi that devise, but does quest in ii<m 

' Till of dower. 

not deprive her of any interest in the personalty bequeathed to 
Iier in the will, unless it is expressed to be in lieu of dower. 

§ 1716. An election by the widow to take a child's part of the Election in 
realty in ignorance of the condition of the estate, or of any fact lg 
material to her interest, shall not bar her right to dower ; Provid- 
ed, the rights of third persons acting bona fide upon her election 
shall not be disturbed or prejudiced. 

§ 1717. "Where the husband dies seized of several distinct tracts Dower }n 
■of land lying in the same county, the widow may elect to take ^Ztlt 
her entire dower in one body, and may select the tract or tracts 
-out of which her dower shall be laid. If a tract or body of land 
is divided by county lines, the entire dower may be laid off in if divided by 

«/ •} ' >* county lines. 

either county ; if several tracts lie in different counties, the dower 
must be applied for and laid out in each county. 

§ 1718. The widow is entitled to the possession of the dwelling- Dweiun?- 
house from the death of her husband, and before dower is as- 
signed, and also, of the furniture therein, until her portion there- 
of is set apart by the appraisers as provided by this Code. 

§ 1719. !No lien created by the husband in his life time, though Lien no bar. 
^assented to by the wife, shall in any manner interfere with her 
right to dower. 

§ 1720. With the assent of the executor or administrator of the Life estate 
•estate, the widow may elect a life estate in one-third part of the 5 Sie. 
proceeds of the sales of the land, or any distinct tract or tracts 
of land in lieu of the dower in such land. In which event, such 
third part of the proceeds of the sale shall be invested by the ex- 
ecutor or administrator under the direction of the Ordinary where 
his returns are made, and the annual income thereof paid to the 
widow during her life. 

§ 1721. AYith the assent of the executor or administrator of the es- Absolute es- 
tate, and the approval of the Ordinary, the widow may elect in lieu n'ed sum. 
of her dower an amount in money to belong absolutely to her, to be 
•estimated and determined by the commissioners appointed to assign 
•dower, and whose report shall be subject to the same objections 
as are admeasurements of dower in land. Both before the Ordi- 
nary and on the return of the report of the commissioners, any 
person interested in the question shall be allowed to become a^te&° n " 
party and be heard. The amount so awarded shall be paid in 



342 



PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 



Article 2. — Of the Rights and Liabilities of Husband and Wife, &c. 



Parapherna- 
lia, 



preference to all other claims out of the proceeds of the sale of 
the land. 

§ 1722. The wife's paraphernalia shall not be subject to the 
debts or contracts of the husband, and shall consist of the appa- 
rel of herself and her children, her watch and ornaments suitable 
to her condition in life, and all such articles of personalty as have 
been given to her for her own use and comfort. 

§ 1723. In all cases where the rights of the wife come in conflict 
petfagSnfft" with the interest of the husband she may appear in court by her 
husband. nex t f r i enc | # j n a n other civil cases, except as to her separate 
estate, she must appear by and with her husband, if living to- 
gether. 



When the 



ARTICLE III. 



OF MARRIAGE CONTRACTS AND SETTLEMENTS. 



Section. 

1724. Marriage article or parol, &c. 

1725. Voluntary execution, &c. 

1726. Construction of contract. 

1727. Record of marriage contracts. 

1728. Wife may force a record. 

] 729. Appointing and removing trustees. 



Section. 

1730. Executed in favor of volunteers, 

1731. Valuable consideration. 

1732. Wife feme sole, &c. 

1733. When sue and be sued. 

1734. Minority of party to contract. 

1735. Sale to husband or trustee. 



Marriage ar- 
ticle or parol 
agreement. 



Voluntary 
execution 
and trust 
d«eds. 



Construc- 
tion of con- 
tract. 



§ 1724. Any agreement between the parties to a marriage con- 
templating a future settlement upon the wife, whether by parol 
or in writing, may be executed and enforced by a court of equity 
at the instance of the wife at any time during the life of the hus- 
band ; Provided, always, that the rights of third persons, pur- 
chasers or creditors in good faith, and without notice are not 
affected thereby. An agreement perfect in itself, and which 
needs no future conveyance to effect its purposes, is an executed 
contract, and does not come under the definition of marriage 
articles. 

§ 1725. The husband may voluntarily execute such agreement,, 
or he may at any time during the coverture, either through trus- 
tees or directly to his wife, convey any property to which he has 
title subject to the rights of prior purchasers or creditors without 
notice. 

§ 1726. Every marrriage contract in writing, made in contem- 
plation of marriage, shall be liberally construed to carry into 
effect the intention of the parties, and no want of form or technical 



PT. 2. TIT. 2. — CHAP. 1. — Domestic Kelations. 343 



Article 3.— Of Marriage Contracts and Settlements. 



expression shall invalidate the same. Such contract must be 
attested by at least two witnesses. 

§1727. Every marriage contract, and every voluntary settle- Record of 

° •' ° ' . . marriage 

ment made by the husband on the wife, whether in execution of contracts, 
marriage articles or not, must be recorded in the office of the 
Clerk of the Superior Court of the county of the residence of the 
husband within three months after the execution thereof; on 
failure to comply with this provision, such contract or settlement 
shall not be of any force or effect against a purchaser or creditor 
or surety who, bona fide and without notice, may become such 
before the actual recording of the same. If such contract or set- 
tlement is made in another State, and the parties subsequently 
remove into this State, the record must be made within three 
months from such removal. If the settled property be in this 
State, and the parties reside in another, then the record must be 
made in the county where the property is, and within the time 
specified above. 

§ 1728. If the trustee or husband, having possession of such wife may 
contract or settlement, fails or refuses to have the same recorded, cord. 
the wife, or any friend of hers, may apply to the Judge of the 
Superior Court, at any time, for an order compelling such record ; 
and the trustee thus refusing, after demand, shall be personally 
responsible to his cestui que trust for all damage sustained by 
reason of the failure to record ; and such application of the wife 
or her friend, when entered on the minutes of the Superior Court, 
shall be a notice equivalent to the record of the marriage con- 
tract or trust deed. 

§ 1729. The Judge of the Superior Court of the county of the Appointing 

./» } j • •! . . . ,i and remov- 

wiie s domicil, may, at any time, upon petition, exercise the ing trustees 
powers of a chancellor in appointing, or removing, or substitu- 
ting trustees or granting any order for the protection of the trust 
estate, exercising a wise discretion as to the terms on which such 
appointment shall be made, or such order granted. The pro- 
ceeding in each case shall be transmitted to the Clerk of the Su- 
perior Court, to be recorded in the book of the minutes of such 
court, next to the minutes of the last term thereof. 

§1730. Marriage contracts and post nuptial settlements will Wlien exe . 
be enforced at the instance of all persons in whose favor there v£ r e oVvoi-" 
are limitations of the estate. Marriage articles will be executed unteers - 
only at the instance of persons coming within the scope of the 
marriage consideration ; but when executed at their instance, the 




344 



PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 



Article 3. — Of Marriage Contracts and Settlements. 



Valuable 
considera- 
tion. 



Wife feme 
sole as to 
her separate 
estate. 



court may execute also in favor of volunteers ; all persons are 
volunteers, except the parties to the contract, and the offspring 
of the wife. 

§ 1731. Marriage is a valuable consideration, and the wife 
stands, as to property of the husband settled upon her by marriage 
contract, as other purchasers for value ; Provided, that by such 
contract the husband does not incapacitate himself from paying 
his existing just debts. 

§ 1732. The wife is a feme sole as to her separate estate, unless 
controlled by the settlement. Every restriction upon her power 
in it must be complied with ; but while the wife may contract, 
she cannot bind her separate estate by any contract of surety- 
ship, nor by any assumption of the debts of her husband, and 
any sale of her separate estate, made to a creditor of her husband 
in extinguishment of his debts, shall be absolutely void. 

§ 1733. If there is no trustee, the wife may sue and be sued, as 
to her separate estate, as a feme sole • and in all such cases, the 
separate estate shall be responsible for all costs incurred. 

§ 1731. The minority of either party to marriage articles, or a 
marriage contract, shall not invalidate it ; Provided, such party 
is of lawful age to contract marriage. 

§ 1735. ~No contract of sale of a wife as to her separate estate 
with her husband or her trustee, shall be valid, unless the same 
is allowed by order of the Superior Court of the county of her 
domicil. 



When sue 
and be sued. 



Minority of 
party to 
contract. 



Sale to hus- 
band or 
trustee. 



CHAPTER II. 

OF PARENT AND CHILD. 



Article 1. Legitimate children. 

Article 2. Illegitimate children or bastards. 



ARTICLE I. 



Section. 
1136. Legitimate children. 
1*73*7. Subsequent marriage. 
1*738. Legitimating by order of court 
1*739. Adopting a child. 
1*740. Objections by relative. 
1*741. Adoption of adult persons. 



LEGITIMATE CHILDREN. 

Section. 



1*742. Age of majority. 

1*743. Parents' obligation. 

1*744. Parents' power — how lost. 

1745. Mothers' rights. 

1*746. Cruel treatment by parent. 

1*74*7. Mutual protection. 



FT. 2.— TIT. 2.— CHAP. 2.— Domestic Relations. 345 



Article 1. — Legitimate Children. 



§1736. All children born in wedlock, or within the usual pe- Legitimate 

mi • • x» children. 

riod of gestation thereafter, are legitimate. The legitimacy of a 
■child thus born may be disputed. Where possibility of access 
exists, except in cases of divorce from bed and board, the strong 
presumption is in favor of legitimacy, and the proof should be clear 
to establish the contrary. If pregnancy existed at the time of 
the marriage, and a divorce is sought and obtained on that 
ground, the child, though born in wedlock, is not legitimate. 

§ 1737. The marriage of the mother and reputed father of an subsequent 
illegitimate child, and the recognition of such child as his, shall 
render the child legitimate ; and in such case, the child shall im- 
mediately take the surname of his father. 

§1738. A father of an illegitimate child may render the same Legitimacy 
legitimate by petitioning the Superior or Inferior Court of the court. ei 
county of his residence, setting forth the name, age and sex, of 
such child, and also the name of the mother; and if he desires 
the name changed, stating the new name and praying the legiti- 
mating of such child. Of this application the mother, if alive, 
shall have notice. Upon such application, presented and filed, 
the court may pass an order declaring said child to be legitimate, 
and capable of inheriting of the father in the same manner as if 
born in lawful wedlock, and the name by which he or she shall 
he known. 

§1739. Any person desirous of adopting a child, so as to ren- Adopting a 
<der it capable of inheriting his estate, may present a like petition 
to the said court, setting forth, as an additional fact, the name of 
the father, or if he be dead, or has abandoned his family, the 
mother, and the consent of such father or mother to this act of 
adoption ; and if the child has neither father or mother, then the 
consent of no person shall be necessary to said adoption. It 
shall be the duty of the court, upon being satisfied of the truth 
<of the facts stated in the petition, and of the fact that such father 
•or mother has notice of such application, and being further satis- 
fied that such adoption will be to the interest of the child, to 
pass an order declaring said child to be the adopted child of such 
person, and capable of inheriting his estate, and also what shall 
be the name of such child ; and thenceforward the relation be- 
tween such person and the adopted child shall be, as to their le- 
gal rights and liabilities, the same as if the relation of parent of. ec 
and child existed between them, except that the adopted father 
.shall never inherit from the child; but to all other persons the 



346 PT. 2.— TIT. 2.— CHAP. 2.— Domestics Relations. 



Article 1. — Legitimate Children. 



adopted child shall stand related as if no such act of adoption 

had been taken. 
objections § 1740. It shall be the privilege of any person related by blood 
S ' to such child, if there be no lather or mother, to file objections 

to such application, and the court, after hearing the same, shall 

determine, in its discretion, whether or not the same constitute a 

good reason for refusing the application. 
Adopting of § 1741. Adult persons may be adopted in like manner, and have 

miUiX per- # , t t * 

sons. their names changed, on giving consent to such adoption. 

Age of ma- §1742. The age of legal majority in this State is twenty-one 
years; until that age all persons are minors. 

Parent's ob- §1743. Until majority, it is the duty of the father to provide 
for the maintenance, protection, and education of his child. 

Parental § 1744. Until majority, the child remains tinder control of the 

E er ~ (W father, who is entitled to his services and the proceeds of his la- 
bor. This paternal power is lost — 

1. By voluntary contract, releasing the right to a third person. 

2. By consenting to the adoption of the child by a third per- 
son. 

3. By the failure of the father to provide necessaries for his 
child, or his abandonment of his family. 

4. By his consent to the child's receiving the proceeds of his 
own labor, which consent shall be revocable at any time. 

5. By his consent to the marriage of the child, who thus as- 
sumes inconsistent responsibilities. 

6. By cruel treatment of the child. 

Mother's § V^' Upo n the death of the father, the mother is entitled to 

rignts. -j- ne possession of the child until his arrival at such an age that 
his education requires the guardian to take possession of him. 
In cases of separation of the parents, or the subsequent marriage 
of the survivor, the court, upon writ of habeas corpus, may ex- 
ercise a discretion as to the possession of the child, looking solely 
to his interest and welfare. 

cruel treat- §1746. Any person may apply to the Ordinary of the county,. 

mentbypa- a ]i e g| n g ^] ie crue l treatment of a child by his father, who shall 
cite the father to answer the allegation ; and such Ordinary may, 
at any time, hear evidence, and, in his discretion, appoint a guar- 
dian of the person of such child, who shall be entitled to the 
possession of him. 

Mutual pro- § 1747. Parents and children may mutually protect each other,. 

tection. 

and justify the defence of the person or reputation of each other.. 



PT. 2. TIT. 2. — CHAP. 2. — Domestic Kelations. 



347 



Article 2. — Illegitimate Children or Bastards. 



AKTICLE II. 

ILLEGITIMATE CHILDREN OR BASTARDS. 



Section. 

1748. Bastards. 

1749. Father's obligations. 

1750. Mother's right. 



Section. 

1751. Inheritance by bastard. 

1752. By legitimates from bastard. 



§ 1748. A bastard is a child born out of wedlock, and whose 



Bastard. 



parents do not subsequently intermarry, or a child the issue of 
adulterous intercourse of the wife during wedlock. 

§1749. The father of a bastard is bound to maintain him. Father , B ob _ 
This obligation shall be good consideration to support a contract Kg"* 100 - 
by him. He may voluntarily discharge this duty; if he fails or 
refuses to do it the law will compel him. 

§ 1750. The mother of a bastard is entitled to the possession of 

.... Mothers 

the child, unless the father shall legitimate him as before provi- rights. 
ded. Being the only recognized parent, she may exercise all the 
paternal power. 

§ 1751. Bastards have no inheritable blood except that given to 

Til Tip pi tun Pft 

them by express law ; they may inherit from their mother and by bastard. 
from each other, children of the same mother in the same man- 
ner as if legitimate. If a mother have both legitimate and ille- 
gitimate children, they shall inherit alike the estate of the mother. 
If a bastard dies leaving no issue or widow, his mother, brothers 
and sisters shall inherit his estate equally. In distributions un- 
der this law the children of a deceased bastard shall represent 
the deceased parent. 

§ 1752. If a bastard dies intestate, leaving no widow or lineal D , _ 

° J ' ■ & Bylegiti- 

descendant, or illegitimate brother or sister, or descendant of a mates from 

' o 7 illegitimates 

brother or sister or mother, but shall leave a brother or sister of 
legitimate blood, such brother or sister, or descendant of such 
brother or sister, may inherit the estate of such intestate. 






348 FT. 2.— TIT. 2.— CHAP. 3.— AKT. 1.— Domestic Kelationb. 

Section 1. — Guardians — how and by whom Appointed. 

CHAPTER III. 

OF GUARDIAN AND WARD. 

Article 1. Guardians of minors. 
Article 2. Guardians of lunatics and idiots. 
Article 3. Guardians of free persons of color. 
Article 4. Foreign guardians. 



ARTICLE I. 

Section 1. How and by whom appointed. 

Section 2. Their powers, duties and liabilities. 

Section 3. Settlements, resignation and letters of dismission. 



SECTION I. 



HOW AND BY WHOM APPOINTED. 



Kinds of 
guardians. 



Natural 
guardian. 



Testamen- 
tary guar- 
dian. 



Section. 
1753. Kinds of guardians. 
1*754. Natural guardian. 

1755. Testamentary guardian. 

1756. Appointed by widows. 

1757. General guardian. 

1758. Of propeily of non-resident ward. 

1759. Mother-guardian. 

1760. Appointment of clerk or stranger. 

1761. Guardian of bastard. 

1762. Notice of application. 



§1753. 



Section. 

1763. Bond and oath. 

1764. Taken in vacation. 

1765. Additional bond. 

1766. New sureties. 

1767. Proceedings in case of misconduct. 

1768. Motion by surety. 

1769. Revocation does not abate suit. 

1770. Suit on bond. 

1771. Removing proceedings, &c. 

1772. Guardian ad litem. 



natural guar 



of person and 



Guardians of minors may be either 
dians; 2, testamentary guardians; 3, guardia 
property, or either. 

§ 1754. The father, if alive, is the natural guardian ; if dead, the 
mother is the natural guardian. The natural guardian cannot 
demand or receive the property of the child until a guardian's 
bond is filed and accepted by the Ordinary of the county. If 
such natural guardian fail or refuse to give bond and security the 
Ordinary may appoint another guardian to recive such property. 

§ 1755. Every father may by will appoint guardians for the 
persons, or property, or both, of his children, and such guardians 
shall not be required to give bond and security, except in case of 
waste committed or apprehended, or of property coming to the 



PX. 2.— TIT. 2.— CHAP. 3.— AKT. 1.— Domestic Kelations. 349 



Section 1. — Guardians— how and by whom Appointed. 



ward from sources other than the father's will, when the Ordi- 
nary shall require the same. If a testamentary guardian fails to 
give bond as required, the Ordinary may dismiss him as guardian 
and appoint another, or may appoint another guardian for the 
property thus accruing. In all other respects a testamentary 
guardian shall stand on the same footing with other guardians 
appointed by the Ordinary. 

§ 1756. The mother, if a widow, shall have the power by will Appointed 

-by widows. 

to appoint testamentary gurdians lor such children as have none, 
as to their persons, and as to such property as they may inherit 
from her. 

§1757. The Ordinary of the county of the domicil of a minor General 
having no guardian shall have the power of appointing a guar- 
dian of the person and property, or either, of such child. If the 
ward be above the age of fourteen years before a guardian is 
appointed, lie shall have the privilege of selecting a guardian, 
and if such selection be judicious the Ordinary shall appoint 
him. The ward having once exercised this privilege cannot do 
so again, except upon cause shown for the removal of the first 
selection. 

§ 1758. If a minor is non-resident, but has property in this of property 
State, the Ordinary of the county where the property is may dent ward. 
appoint a guardian, who shall have control only over such pro- 
perty. 

§1759. In the appointment of guardians the widowed mother Mother- 
shall have the preference upon complying with the law. Upon^ 
her marrying again the letters are revoked, though her husband 
shall be responsible to the ward as guardian, if no other guardian 
be appointed. Among collaterals applying for the guardianship, 
the nearest of kin by blood, if otherwise unobjectionable, shall 
be preferred — males being preferred to females. The Ordinary, 
however, in every case may exercise his discretion according to 
its circumstances, and if necessary grant the letters to a stranger 
in blood. 

§1760. If there be no application for letters of guardianship, Appomt- 
and a necessity for a guardian exists, the Ordinary, after giving clerk or 
notice for thirty days, may vest such guardianship in the Clerk 
of the Superior or Inferior Court of the county, or in any other 
person or persons residing in said county, whom he shall deem 
lit and proper, in his discretion, requiring bond and security as 
in other cases. 



350 PT. 2.— TIT. 2.— CHAP. 3.— AKT. 1.— Domestic Kelations. 

Section 1. — Guardians — how and by whom Appointed. 

Guardian of §1761. The Ordinary may appoint a guardian for the person 
and property of an illegitimate child in all cases where he may 
deem it necessary. 

Notice of 8 1762. Every application to be appointed guardian of a minor 

application. v «/rr -l-l o _ 

under the age of fourteen years, other than the child of the ap- 
plicant, shall be made to the Ordinary, and notice thereof given 
by him in some public gazette of this State at least thirty days 
before such letters shall be granted. At the regular term next 
after the expiration of the notice the letters may be granted, 
either to the applicant or some other person, in the discretion Of 
the court. In the meantime a temporary guardian may be ap- 
pointed under the same rules as apply to the appointment of 
temporary administrators. 

Bond and § 1763. Every guardian, appointed by the Ordinary, before 
entering on the duties of his appointment, shall take before the 
Ordinary an oath, or affirmation, well and truly to peform the 
duties required of him as guardian, and faithfully to account 
with his ward for his estate ; and shall also give bond with good 
and sufficient security, to be approved by the Ordinary, in double 
the amount of the supposed value of the property of the ward, 
for the faithful discharge of his duty as guardian, such bond 
shall be payable to the Ordinary and his successors. A substan- 
tial compliance as to all matter of form shall be sufficient. 

Taken in ya- §1764. The taking of the oath and giving the bond may be 

cation. .. . . c , . -,.. " ' 

done at any time in vacation, the appointment being made at a 
regular term. The bond when taken shall be recorded by the 

5>°rded. e Ordinary in a book to be kept by him for that purpose, and the 
original kept of file in his office. 

Additional g 1765. If at any time after appointment other property shall 
descend, or come, or be given, or otherwise accrue to the ward, 
the Ordinary may require the guardian to give an additional 
bond with security in double the amount of such property, and 
on his failure to comply, the Ordinary may appoint a special 
guardian for such property. 

No* sure- § 1766. If one or more of the sureties on the guardian's bond 
shall die, or become insolvent, or remove from this State, or from 
other cause the security become insufficient, the Ordinary may 
of his own motion, or at the instance of any relative of the ward, 
require the guardian to give other and sufficient security, and on 
his failure so to do in compliance with such order, the Court 



-ties. 



PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 351 



Section 1. — Guardians — how and by whom appointed. 



shall revoke his letters of guardianship, and appoint some other 
person in his place. 

§ 1767. If the Ordinary knows, or is informed, that any guar- Proceedings 

• ; 7 " ° in case of 

dian wastes, or in any manner mismanages the property, or does misconduct. 
not take due care of the maintenance and education of his ward 
according to his circumstances, or refuses to make returns as re- 
quired by law, or for any cause is unfit for the trust, the Ordinary 
shall cite such guardian to answer to such charge at some regular 
term of the court, when upon investigation of his actions, the 
Ordinary may, in his discretion, revoke his letters or pass such 
other order as in his judgment is expedient under the circum- 
stances of each case. 



§ 1768. The surety of any guardian on his bond, or if dead, his Motion by 

. to , A . surety. 

representative, may at any time make complaint to the Ordinary 

of any misconduct of his principal in the discharge of his trust, 

or for any other reason show his desire to be relieved as surety, 

thereupon the Ordinary shall cite the guardian to appear at a 

regular term of the court, and show cause why such surety shall 

not be discharged ; and upon hearing the parties and their evidence, groceedingfc 

the Ordinary may, at his discretion, pass an order discharging 

such surety from all future liability, and requiring such guardian 

to give new and sufficient security or be discharged from his trust ; 

such new sureties shall be liable for past as well as future waste 

or misconduct of the guardian. And such discharged surety shall 

be relieved only from the time the new security shall be given, new sureties. 

If new security is not given, and the guardian's trust is revoked, 

the discharged surety shall be bound for a true accounting of 

such guardian with the new guardian, or his ward if no other 

guardian is appointed. The death of a surety shall be a sufficient 

ground for his discharge from future liability on application of 

his representative and the granting the order. In all cases where ,_ 

letters of guardianship are revoked, the sureties on the bond are ties - 

liable for all the acts of the guardian in relation to his trust up 

to the time of his settlement with the new guardian or his ward. 

§ 1769. The revocation of letters of guardianship shall not abate invocation 
any suit pending for or against the guardian, but the new guar- abatesnit. 
dian shall be made a party by sci. fa. as in case of the death of a 
party. 

§1770. Suit may be instituted against the guardian and Ms suit on 
sureties on his bond in the same action at the instance of the bond " 
ward, or a new guardian, or any other person interested, without 



352 PT. 2,— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 
Section 1. — Guardians — how and by whom appointed. 

first suing the guardian. And if the guardian is beyond the 
jurisdiction of the court, or places himself in the position of a 
debtor, liable to attachment, or is dead, and his estate unrepre- 
sented, suit may be commenced against the sureties alone ; Pro- 
Froviso. yided^ that the fi. fa. issued upon a judgment obtained against 
the guardian and his sureties shall not be levied on the property 
of the sureties until a return of nulla bona as to the guardian, 
unless the property of the sureties is being removed from the 
county. If the failure to sue the guardian arose from his volun- 
judgjnent tary act, the judgment against the sureties shall be conclusive in 

any suit against him. 
Eemovin- § 1771. A guardian whose residence is, or by removal or other- 
to° a C no£ s w ^ se becomes, in a different county from that of his appointment, 
county. ma y } iave the privilege of removing the trust to the jurisdiction, 
of the Ordinary of his own county, by first giving bond and good 
security to such Ordinary, as if first appointed by him, and filing 
a certificate of such fact with the Ordinary by whom he was ap- 
pointed. He shall also obtain from such Ordinary an exemplifi- 
cation of all the records concerning his guardianship, and of the 
order passed transferring the same to the county of his residence, 
which exemplification shall be filed with, and recorded by the 
Ordinary of said county, who shall then have the same jurisdic- 
tion over such guardian, as if first appointed by him. The sure- 
ties upon such guardian's first bond shall be liable only for past 

Liability of 

sureties. misconduct. The sureties upon the new bond shall be liable for 

both past and future misconduct. 
„ a . § 1772. Whenever a minor is interested in any litigation pend- 

Guardian ad ° # "' ' ° ■ " ' * 

litem. j n g | n ail y court in this State, and has no guardian, or his inter- 
est is adverse to that of his guardian, such court shall have power 
to appoint a guardian ad litem for such minor, which guardian 
shall be responsible to such minor for his conduct in connection 
with such litigation in the same manner as if he were a regularly 
qualified guardian. 



PT. 2,— TIT. 2.— CHAP. 3.— AKT. 1.— Domestic Relations. 353 



Section 2. — Powers, Duties and Liabilities of Guardians. 



SECTION II. 

THE POWERS, DUTIES AND LIABILITIES OF GUARDIANS. 



Section. 

1773. Power of guardian. 

1774. Returns. 

1775. Amount of expenditure. 

1776. Binding out indigent persons. 

1777. Ill-treatment. 

1778. Failing to make returns. 

1779. Sales. 

1780. Renting of lands. 

1781. Hiring of slaves. 



Section. 

1782. Working them together. 

1783. Cultivating plantations, &c. 

1784. Investment in stocks. 

1785. Commissions. 

1786. If there be two guardians. 

1787. Sureties bound, &c. 

1788. Contracts by guardian. 

1789. May appoint attorney in fact. 



§ 1773. The power of the guardian over the person of his ward Power of 
is the same with the father over his child, the guardian standing s uardian - 
in his place ; and in like manner it is the duty of the guardian His duty. 
to protect and maintain, and, according to the circumstances of 
the ward, to educate him. 

§ 1774. Every guardian, within twelve months after his ap- Returns. 
pointment, and by the first Monday in July in every year there- 
after, shall make a return to the Ordinary under oath, making an 
accurate exhibit of all the property of his ward received by him 
up to that time and since his last return, together with an ac- 
count current of his receipts and expenditures, accompanied with 
the vouchers for the same, and any other matter connected with 
the said property, which said return shall be examined by the 
Ordinary, and, if found correct, shall be allowed by him and en- 
tered of record with the vouchers ; and the judgment thus ren- 
dered by the Ordinary shall be prima facie evidence of the cor- 
rectness of said return in favor of said guardian. If the guardian 
shall have removed beyond the limits of this State, the oath of 
his surety shall be sufficient to verify the return. 

§1775. Every guardian shall be allowed all reasonable dis- Amount of 

-, t .iii. n ^ expenditure. 

bursements and expenses suitable to the circumstances ot the or- 
phan committed to his care. But the expenses of maintenance 
and education must not exceed the annual profits of the estate, 
except by the approval of the Ordinary previously granted. The 
Ordinary may, in his discretion, allow the corpus of the estate, 
in whole or in part, to be used for the education of the ward. 

§1776. If the annual profits of the estate of any orphan, with BindinVout* 
or without a guardian, is not sufficient for his education andpnaS 11 
maintenance, it shall be the duty of the Ordinary forthwith to 
23 



354 FT. 2.— TIT. 2,— CHAP. 3.— AET. 1.— Domestic Kelations. 



Section 2. — Powers, Duties and Liabilities of Guardians. 



Ill-treat- 
ment. 



Failing to 
make re- 
turns. 



Sales. 



Kentinj 
lands. 



of 



Hiring of 
slaves. 



Working 
them to- 
gether. 



Cultivation 
and pur- 
chasing 
plantation. 



bind out such orphan for the whole, or such part of the time of 
his minority as to him shall seem best, and on such conditions as 
will most promote the interest of such orphan, in all cases re- 
quiring that such orphan shall be allowed to attend the nearest 
school, where education is free to him, at least three months in 
the year. 

§ 1777. It shall be the duty of the Ordinary, and of the guar- 
dian of such orphan, to be informed as to his treatment, and on 
complaint of ill-usage or any condition broken, the Ordinary 
shall bind such orphan to some other person. 

§ 1778. The Ordinary shall keep a docket of all the guardians 
liable to make returns to him, and upon the failure of any one to 
do so by the time required by law, he shall cite the said guar- 
dian to appear and show the reason for his delay ; and every 
guardian who shall fail or refuse to make his return before the 
end of the year, shall receive no commission or compensation for 
any service done during that year, unless by special order of the 
Court of Ordinary exonerating him from all blame. 

§ 1779. All sales of any portion of the property of the ward, 
shall be made under the direction of the Ordinary, and under the 
same rules and restrictions as are prescribed for sales by admin- 
istrators of estates. 

§ 1780. Every renting of lands of an orphan, unless by special 
order of the Ordinary, shall be in public to the highest bidder, 
and under the same rules as Sheriff sales, except that credit may 
be given on good security. 

§1781. Guardians, under an order from the Ordinary, may 
exercise a sound discretion in hiring the slaves of their wards, 
either publicly or privately, as may be most conducive to the 
safety and comfort of the slaves and the permanent interest of 
the ward. 

§ 1782. Guardians, under a like order, may keep such slaves, 
or a portion of them, together, and have them employed in such 
agricultural or other operations as such guardians may deem 
manifestly expedient. 

§ 1783. When it is manifestly expedient, guardians may cause 
plantations of their wards to be managed and cultivated for their 
benefit, and when not possessed of lands, under a like order of 
the court, guardians may invest a portion of the funds of their 
wards in lands for the purpose of cultivation as hereinbefore pro- 
vided. 



PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 355 



Section 2.— Powers, Duties and Liabilities of Guardians. 



§ 1784; Any guardian, in his discretion, may invest any fundsinvestment 
of his ward in his hands in stocks, bonds or other securities issued 
by this State. In every such case his return shall set forth the 
time of such purchase, the price paid and the name of the person 
from whom purchased. All such investments shall be free from 
taxation during the minority of the ward for whom they are 
held. 

§1785. Guardians shall be allowed the same commissions forcommis- 
receiving and paying out the estate of their wards as are allowed 
to administrators. Extra compensation and traveling expenses 
shall be allowed to them upon the same principles as to admin- 
istrators. When the guardian keeps together and works the 
slaves of a ward, the court shall allow him a reasonable compen- 
sation for such services, taking into consideration the commissions 
he may receive. 

§1786. If the guardian resigns or dies, or is removed under if there bo 
any circumstances, no commissions shall be allowed for turning dTa°n? iar 
over the estate to a new guardian, or to the new guardian for 
receiving the same ; and where a guardian is removed for waste 
or gross mismanagement, no commissions shall be allowed for 
any of his services. 

§1787. If the appointment of a guardian for any cause is de- Sure ties 
clared void, his sureties shall nevertheless be responsible on the bound,&c ' 
bond for any property which may have been received by him by 
virtue or reason of his appointment. 

§ 1788. The guardian cannot borrow money and bind his ward contracts 
therefor, nor can he, by any contract other than those specially dfaS! ar ~ 
allowed by law, bind his ward's property, or create any lien 
thereon. 

§1789. The guardian may appoinc an attorney in fact to act Mft y appoint 
for him where he is unable to act himself, and he and his sure- attornejr - 
ties are bound for the acts of such attorney as if it were his per- 
sonal deed. 



m 



356 PT. 2.— TIT. 2.— CHAP. 3.— AUT. 1.— Domestic Relations. 

Section 3. — Settlement of Guardians, &c. 

SECTION III. 

SETTLEMENTS OF GUARDIANS, RESIGNATION AND LETTERS DISMIS- 

SORY. 



Section. 
1790. Settlements before the Ordinary. 



Sectiox. 
1*797. Einal receipts. 



* 



1791. At the instance of the guardian, j 1798. Right of ward to re-open. &c. 

1792. Duty of the court. j 1799. Resignation of guardian. 

1793. Continuance. j 1800. Letters of dismission. 

1794. Proceedings. j 1801. Disposition of mone} r , &c, in hand. 



1795. Power of the Ordinary. 

1796. Enforcement of decision. 



1802. Ward dying, &c. 



* 



Settle- § 1790. A ward, on arriving at majority, or marrying a man o*T 

SeOrdina- 6 fiill &ge, or a new guardian legally appointed, may apply to the 
r> ' Ordinary for an order requiring the guardian to appear and sub- 

mit to a settlement of his accounts ; such citation shall be served 
as other citations, and shall be returnable to a regular term of 
the court. If the guardian fails or refuses to appear as cited, the 
court may proceed ex parte. 
At instance §1791. The guardian shall, in like manner, be allowed to cite 
dian. egua " his ward, or a new guardian to appear and be present at a set- 
tlement of his account. 
Duty of tue §1792. Upon the return of such citation, the court shall pro- 
ceed to examine all the returns and accounts of such guardian ; 
to hear all evidence which may be produced by either party; 
and to make a full, fair and final settlement between such guar- 
dian and his ward, making a full record of such iinal settlement. 
Continuance §1793. The court may allow such continn an ces as the princi- 
ples of justice require. 
Proceedings. § 1794. Such other proceedings may be had in the case as are • 

usual in other causes in said court. 
Power of or- §1795. It shall be in the power of the Ordinary to order any 
dinary. property in the hands of the guardian to be delivered to the ward 
or the new guardian, and also to issue an execution for any bal- 
ance of money found due by the guardian to the ward. If the 
ward does not appear, the court may pass an order stating the 
balance found due from the guardian, which balance shall not 
bear interest from that date until demanded by the ward or- 
new guardian. 
Enforce- § 1796. If the guardian shall fail or refuse to deliver to the 

cision. ward the property in his hands, ordered to be delivered by the 
court, the Ordinary shall have power to attach him for contempt, . 



• 

PT. 2 — TIT. 2 — CHAP. 3. — APT. 1.— Domestic Kelations. 357 



Section 3. — Settlement of Guardians, &c. 



•and imprison him in the common jail until he shall comply with 
such order, such proceedings to be had in the issuing of such at- 
tachment as are usual in courts of equity. 

§ 1797. Any guardian, by having his final receipt from his Final re- 
ward attested by a Judge, Justice of the Peace, or Notary Pub- ceip 8 
lie, may cause the same to be recorded by the Clerk of the Supe- 
rior Court of the county of his residence, and the original, or a 
copy thereof, shall be admitted in evidence, on the same terms as 
registered deeds. 

§ 1798. No final settlement made between the guardian and Right of 

Wtird. to TQ" 

ward shall bar the ward, at any time within four years thereafter, open settie- 

' ,; . ment. 

^xom calling the guardian to a settlement of his accounts, unless 
it is made to appear that the same was made after a full exhibit 
of all the guardian's accounts, and with a full knowledge by the 
ward of his legal rights. 

§1799. Any guardian who, from age, infirmity, removal from Resignation 

, ,. , , . . -I • of guardian. 

the county, or for any other cause, desires to resign his trust as 
such, may apply to the Ordinary having jurisdiction of the trust, 
setting forth the reasons therefor, and also the name of some 
suitable person willing to accept the trust, whereupon the Ordi- 
nary shall cite such person, and also the nearest of kin of such 
ward, to appear at the next term of said court, and if the Ordi- 
nary shall be satisfied that such change of guardians will not be 
detrimental to the interest of the ward, and no good cause is 
shown against it, he shall grant the prayer of the applicant, dis- 
charging him from his trust on the following condition, viz : that n 

° ° • Condition. 

he shall, forthwith, deliver all property and pay all money held 
by him as such guardian, upon a fair settlement of his accounts, 
to his successor ; and upon the filing of the evidence of such set- 
tlement, and the receipt in full of his successor, the guardian 
shall be discharged from his said trust. The ward shall have the 
privilege, within five years after he comes of age, to re-open such 
settlement and call for an account. 

§ 1800. Letters of dismission may be granted by the Ordinary Letters of 
i;o any guardian, upon his compliance with the following pro- dlsmlss 
Tisions : — 

1. An application in writing, setting forth his full discharge of 
the duties of his trust. 

2. An examination of his accounts and vouchers by the Ordi- 
nary, to verify the truth of the petition. 

3. The publication of such application for forty days, in the 



w 






358 FT. 2.— TIT. 2.— CHAP. 3.— AET. I.-^-Domestio Relations. 

Section 3. — Settlement of Guardians, &c. 

public gazette where the legal notices of the Ordinamte office 
are usually published. • 

4. The examination of any objections tiled, and the proof to 
the Ordinary that the ward is of age. «> 

Disposition ,§1801. If it shall appear that such guardian has in his hands 
&c™in n hand. &J1 J money, property, or effects of his ward, the Ordinary may 
cause the same, if money, to be deposited in some solvent bank, 
and if other property, to be delivered to some proper person to 
be appointed by the Ordinary, under such restrictions as he may 
deem best for the preservation of the property, and then grant 
the letters dismissory; or the Ordinary may, if he sees proper, 
pass an order requiring the guardian to retain the funds in his 4) 
own hands at an interest not exceeding four per cent, per annum, 
his sureties being still responsible therefor, 
ward dying, § 1802. When a ward shall die intestate, pending his minority,. 
Hiactas the guardian shall proceed to distribute his estate in the same 
admimstra- manner as [f ] ie } iac [ Deen appointed administrator upon such es- 
tate, and the sureties on his bond shall be responsible for his 
faithful administration and distribution of such estate. 



ARTICLE II. 

GUARDIANS OF LUNATICS AND IDIOTS AND PERSONS NON COMPOS 

MENTIS. 



Section. 

1803. Guardian — for whom appointed. 

1804. Oath and bond. Powers, &c. 

1805. Wife may be guardian. 

1806. Proceeding to obtain commission. 

1807. Return and appointment. 

1808. Appeal. 

1809. Second application. 

1810. Witnesses. 

1811. Proceedings to end a commission. 



Section. 
1812. Issue — how made and tried. 
,1813. Other provisions as gen'l guardian.,. 

1814. Confining ward. 

1815. Proceedings to confine him, &c. 

1816. Insane slave or free person of color. 

1817. Proceedings by third person, &c. 

1818. Duty and power of the court. 

1819. Jail fees — how collected. 

1820. Costs. 



For whom §1803. The Ordinaries of the several counties of this State 
may^? V ma y a PP omt guardians for .the following persons, viz : Idiots, 
poiated. lunatics and insane persons, and deaf and dumb persons when 

incapable of managing their estates, habitual drunkards, and 

persons imbecile from old age or other cause, and incapable of 

managing their estates. 

§ 1804. Guardians so appointed shall take the same oath and 

give a like bond with guardians of minors, and their powers^ 



mw 



PT. 2.— TIT. 2.T-CHAP. 3.— Domestic Relations. 359 



Article 2.— Guardians of Lunatics, Idiots, &c. 



duties, and liabilities, shall be the same and be exercised under- oath and 

" Bond, Pow- 

the same rules and regulations. f. ra and Du - 



tics. 



§1805. The wife shall, in all cases, be entitled to the prefer- We mayb0 
ence to the appointment as guardian, and her bond and all acts Lniardlftn - 
as guardian r shall be held and construed as if she were a feme 
sole. 

§1806. Upon the petition of any person on oath, setting fcifb proceedings 
that another is liable to have a guardian appointed under the comm'iRsion. 
provisions of this Article, the Ordinary, upon proof that ten 
days' notice of such application has been given to the three near- 
est adult relatives of such person, or that there is no such rela- 
* tive within this State, shall issue a commission directed to any 
eighteen discreet . and proper persons, one of whom shall be a 
physician, requiring any twelve of them, including the physi- 
cian, to examine by inspection the person for whom guardian- i 
ship is sought, and to hear and examine witnesses, on oath if 
necessary, as to his condition and capacity to manage his estate, 
and to make return of such examination and inquiry to the said 
Ordinary, specifying in such return under which of said classes 
they find the said person to come. Such commissioners shall first 
be sworn by a Justice of the Peace "well and truly to execute 
the said commission to the best of thjeir skill and ability," which 
oath shall be returned with their verdict. 

§1807. Upon such return finding the person to be as alleged Ketnm and 
in the petition, or within either of said classes, the Ordinary shall app01 
appoint a guardian for him. 

§1808. The applicants for a commission, or the person for Appeal 
whom the guardianship is sought, or any friend or relative for 
him dissatisfied with the return of the committee, may upon 
paying all costs and giving bond and security for all future costs 
and damages, within four days after the report has been acted 
on by the Ordinary enter an appeal to the Superior Court of the 
county where the issue shall be submitted to a special jury, 
selected as in other cases ; but the guardian appointed by the Guardian ad 
Ordinary shall act as such pending the litigation. 

§1809. When one application for guardianship under this second ap- 
article has failed upon the merits, the Ordinary shall not issue a 
second commission, unless the petition is verified by at least 
three respectable disinterested neighbors, in addition to the oath 
of the applicant. 

§1810. The Ordinary may issue subpoenas for witnesses to 






360 PT. 2.— TIT. 2.— CHAP. 3.— Domestic Kelations. 

Article 2. — Guardians of Lunatics, Idiots, &c. 

Witnesses, appear before the commission thus appointed, and on their fail- 
ure to appear the Ordinary may take the same steps to compel 
attendance as if the proceeding was before his court. 
Proceedings § 1811. Any person, for whom a guardian is appointed under 
commission, this article, upon restoration to sanity and capacity, may person- 
ally, or by attorney, petition the Ordinary, setting forth the fact 
and praying the revocation of such guardianship. Upon such 
petition the Ordinary may examine into the truth thereof, and if 
satisfied of its truth, and the guardian consenting thereto, the 
Ordinary shall grant the prayer and order the guardian forthwith 
to deliver over to such person his property, money and effects, 
issue— how § 1812. If the Ordinary is not satisfied as to the truth of the 
made and petition, or the guardian, or any relative of the applicant objects 
to the revocation of the letters, the Ordinary shall require the 
Sheriff to summon eighteen men, competent to serve as jurors, to 
appear before said Ordinary on a day specified, any twelve of 
whom being duly sworn, shall constitute a jury before whom 
shall be tried the issue as to the truth of the application, upon a 
verdict affirming its truth the Ordinary shall grant the pray el- 
and order above specified. 
other pro- §1813. All the provisions made in this Code as to the settle- 



•visions same 



as general ments of guardians of minors, their resignation, letters of dis- 
mission, and distribution of the estate of deceased wards, shall 
apply to guardians appointed under this article. 
Confining §1814. Guardians of insane persons are authorized to confine 
them, or place them in the asylum, if such a course is necessary 
either for their own protection or the safety of others; and a 
guardian wilfully failing to take such precaution with his ward 
shall be responsible for injuries inflicted on others by such ward. 
Proceedings § 1815. Where there is no guardian for an insane person, or 
Mmatint the guardian on notice refuses or fails to confine his ward, and any 
tMrTper- person apprehends an injury to himself or his property from such 
insane person, on complaint on oath to any one of the Justices of 
the Inferior Court of the county, a warrant shall issue, as in 
criminal cases, for the arrest of such insane person, to bring him 
before the Inferior Court on a day specified ; and said court upon 
an investigation of the facts may either commit such person to 
the lunatic asylum under the regulations specified therefor, or 
commit him to the common jail or accept of a bond from his 
friends for his good behavior, according to their discretion. In 
all such cases the expenses of such confinement shall be paid by 



sons 



FT. 2.— TIT. 2.— CHAP. 3.— Domestic Relations. 361 

^^?" Article 2. — Guardians of Lunatics, Idiots, &c. 

the estate of such insane person, if any, and if not, out of the costs. 
county funds. 

§1816. If a slave or free person of color be insane, it shall be In8 ? ne 8lave 

w x 7 or free per- 

the duty of the owner, or guardian, to take care of and confine 8onofcolor - 
him, if necessary ; and such owner, or guardian, shall be respon- 
sible for any injury accruing to third persons from such insane 
slave or free person of color, in all cases where the owner or 
guardian has wilfully neglected or failed to take the proper steps 
for confining him. 

§ 1817. Upon complaint on oath of any person to a Justice of Proceedings 
the Inferior Court that such slave or free person of color is run- sons tor ar- 
ning at large, and is a public nuisance, or dangerous to the pub- 
lic, lie shall issue a warrant returnable before the Justices of said 
court on a day specified, for the arrest of such slave or free per- 
son of color, and at the same time require the officer arresting to 
give at least five days' notice of the time for the investigation of 
the matter to the master or guardian, if he resides in the county. 

§ 1818. At the time specified the Justices of the Inferior Court Dutyand 
shall examine into the facts, and in their discretion may commit ^ r ^ ofthe 
the alleged insane person to the common jail of the county, or 
take bond from the owner or guardian, with security, in the sum 
•of five hundred dollars, conditioned for the keeping of sueh Bond . 
insane person in close and safe custody. On breach of such bond 
it shall be forfeited, and recovery had by scire facias and judg- 
ment in the Inferior Court. 

§1819. If committed to jail the sum of ten dollars per month Jail fees _ 
shall be allowed to the jailor for keeping such insane person, and J^cTed 01 * 
.at the end of each month the said court, on the application of 
the jailor, under oath, may issue &fi. fa. against the owner or guar- 
dian for all arrearages for said dieting. 

§1820. The costs of the entire proceeding, if sustained, shall Co3ts 
be paid by the owner or guardian, if the free person of color has 
property and the court may order a fi. fa. to issue for the same. 
Fi. fas. against the guardian under this law shall be levied only collection. 
on the property of the free person of color, and on the return of 
no property on smjjl. fa., either for costs or dieting, against the 
•owner or guardian, the amount of the same shall be paid out of 
the funds of the county. 



•■• 



362 



PT. 2.— TIT. 2.— CHAP. 3.— Domestic Relations. 



Article 3. — Guardians of Free Persons of Color. 



ARTICLE III. 



GUARDIANS OF FREE PERSONS OF COLOR. 



How ap- 
pointed. 



Choice of 
ward over 
fourteen. 



Section. 

1821. How appointed. 

1822. Choice of ward over fourteen. 

1823. Guardians of those under fourteen. 

1824. Binding out wards. 

1825. Revoked by ill-treatment. 

1826. Powers and duties. 

1827. Credit to ward. 



Section. 

1828. Judgments vs. guardians. 

1829. May hold any property but slaves. 

1830. Lands— how sold. 

1831. May make a will 

1832. Removal of guardian. 

1833. Commissions. 



Guardians 
of those un- 
der fourteen, 



Binding out 

wards. 



Revoked for 
ill-treat- 
ment. 



§ 1821. Guardians of free persons of color shall be appointed 
by the Ordinary at any regular term of his court, upon the 
written application of any such person of color residing in the 
county. 

§ 1822. The choice of the applicant, if over fourteen years of 
age, shall control the appointment; Provided, the written con- 
sent of such person to such appointment be filed, and the court 
is satisfied that such appointment is judicious for the ward and 
the public. 

§1823. Free persons of color under fourteen years of age shall 
be held and considered the wards of the guardian of their- 
mother, until for good cause shown by any person, the Ordinary 
shall see proper to appoint another guardian for them, and such 
guardianship shall continue after their arrival at that age, until 
another is appointed for them. 

§1824. The Ordinary shall have power in his discretion to 
bind out to some fit and proper person, all free persons of color 
between the ages of five and twenty-one years, if it shall appear 
to him upon investigation, and after notice to the guardian, if 
any, that such persons are not being raised in a proper manner. In 
all such cases the court shall require bond with ample security from 
the person to whom such person of color is bound, conditioned 
for the maintenance and protection and good treatment of such 
person, and that he will not remove him to reside out of the 
county, and to discharge him from his service at the age of twenty- 
one years. 

§ 1825. Upon complaint made by such indented servant, or any- 
one in his behalf, the court may at any time, for a breach of said 

As to registry of free persons of color, see Part 2, Title 1, Chapter 1, Art. 3. 
As to insane free persons of color, see Part 2, Title 2, Chapter 3, Art. 2. 



PT. 2.— TIT. 2,— CHAP. 3.— Domestic Kelations. 36a 



Article 3. — Guardians ©f Free Persons of Color. 



bond, revoke the order, and contract and bind the said person of 
color tdWbme other person. 

§1826. Guardians of free persons of color, as to the manage- Power and 

n t "• -I'-ini duties. 

ment of their persons or estates, are vested with all the powers 
and authority, and are subject to the same liabilities with guar- 
dians of minors. They shall make returns as other guardians, Contracts. 
and be subject to the same regulations. Through his guardian 
the free person of color must contract and be contracted with, 
sue and be sued. 

§ 1827. Credit shall not be given to any free person of color, credit to 

, . ward. 

except upon the written order of the guardian, or unless subse- 
quently ratified by him. 

§1828. Judgments against guardians of free persons of color, Judgments 

-i i -n ?. -. i i n i i-i ** guardian. 

as such, shall bind only the property of the ward, and upon a re- 
turn of " no property," the Ordinary may bind out such ward on ward hired, 
such terms as he may think proper to pay the said debt. 

§ 1829. Free persons of color, through their guardians, may ac- May hold 
quire and hold real estate and personalty (except slaves,) in this but slaves. 
State. Any attempt directly or indirectly by trust or otherwise 
to secure the legal, equitable or any beneficial interest in slaves 
to a free person of color, shall be void, and the whole title to such 
slave shall be forfeited to the State, to be recovered by the es- ^ . 

" «/ Escheat of 

cheator of the county, one-half to the informer, and the other to 8,aTe8 - 
the Educational Fund of the county. 

§1830. Guardians of free persons of color shall convey the Land6 _h OW 
real estate of their wards only under an order of the Ordinary of 8old * 
the county, to be granted under the same regulations as for the 
sale of real estate of minors, and the proceeds to be invested 
under the order of said court. 

§1831. Free persons of color shall have the privilege of dis- Maymake s 
posing by will, written or parol, of such property as they may wllL 
have at their death. If they die intestate, the guardian shall 
distribute the same to their lineal descendants, giving the reput- 
ed wife a child's part. If no wife or lineal descendant, then to^. . ., . 

-F ' Distribution 

the brothers and sisters of the intestate. If no brothers and sis- ofe8tate - 
ters, then to be escheated and paid to the county for educational 
purposes. 

§1832. The Ordinary may, at his discretion, at any time, re- Kemovai ©f. 
move a guardian of a free person of color at the request of such guar 
free person of color, and may demand a bond and security for Bond. 



364 PT. 2.— TIT. 2.— CHAP. 3.— Domestic Relations. 

Article 3.— Guardians of Free Persons of Color. 



fidelity in the trust, either on appointment or at any subsequent 
time. 
"Commis- 8 1833. Such guardians shall receive for their services the same 

sions. . ° n 

compensation as guardians oi minors. 



ARTICLE IY. 

FOREIGN" GUARDIANS. 



Section. 

1834. Foreign guardian may recover, &c. 

1835. Order of Ordinary. 

1836. Discretion of Ordinary. 



Section. 

1837. Receipt. 

1838. Enforcing order. 

1839. Removal of guardian and ward, &c. 



Foreign § 1834. When a minor, idiot, lunatic or insane person resides 

Sa a y d recoTer in another State and by any reason is entitled to property in the 

property, h an( j s f ail y executor, administrator, trustee or guardian within 
this State, and there is no sufficient reason why such property 
should not be transferred to a guardian appointed under the laws 
of such other State, the same may be done in the following 
manner : 

Bond. 1. The foreign guardian shall give bond with good security to 

the proper authority in his own State for the faithful execution 
of such guardianship, in double the amount of the value of the 
property in this State, over and above the sum in which he may 
be bound for the guardianship of property then in that State. 

Exempiinca- 2. He shall produce to the Ordinary, to whose court such ex- 
ecutor, administrator, trustee or guardian is bound to make re- 
turns, an exemplification, authenticated as required by the Act 
of Congress, showing that he has complied with the above condi- 
tion, and having also the certificate of the proper officer as to the 
sufficiency of the security to his bond. 

Notice. 3. He shall give twenty days' notice to such executor, adminis- 

trator, trustee or guardian of such intended application. 

order of §1835. Upon compliance with these conditions, the Ordinary 

r mary * may order the transfer of all of such ward's estate to the foreign 

guardian, and may order the sale of any real estate if necessary 

objections. f° r settlement with such foreign guardian. If there exists any 
reason why such estate or any portion of it should not be remov- 
ed from this State, the Ordinary may hear any one interested in 
the question and refuse the order in his discretion. 

Discretion § 1836. The exemplification and certificate produced by the 

of Ordinary. ? , ■ * r J 

foreign guardian shall not be conclusive, but the court may hear 



PT. 2.— TIT. 2.— CHAP. 3.— Domestic Relations. 



305 



Article 4. — Foreign Guardians. 



evidence as to the fitness and competency of the guardian for his 
trust or the sufficiency of his securit} 7 , or any other matter or 
thing going to show the impropriety of granting the order asked 
for, and in his discretion the Ordinary may refuse such order. 

§1837. The receipt of the foreign guardian under such order i> ec eipt. 
shall be a sufficient voucher for the trustee in Georgia. 

§ 1838. The court may enforce such order in the same manner Enforcin 
as provided in cases of settlements made with guardians, and the order - 
foreign guardian, after such order, may sue for the property of his 
ward in the possession of any person in any court of law or equity 
in this State. 

§ 1839. If any guardian appointed in this State shall desire to Ee , f 
remove to another State and carry his ward w T ith him, before re- SS^™ 1 * 

'J ' m aru, etc. 

moving the person or property of his ward, he shall, in the proper 
court of his intended domicil, first comply with all the conditions 
required in the preceding sections of a foreign guardian, and ob- 
tain the order of the Ordinary consenting to such removal. 



CHAPTER IV. 

MASTER AND SERVANT. 

Article 1. Indented servants and apprentices 
Article 2. Laborers in factories. 



ARTICLE I. 



indented servants and apprentices. 



Section. 

1840. Indenture of service. 

1841. Right of master. 

1842. Right of servant. 

1843. Binding apprentice. 



Section. 

1844. Power of master. 

1845. Proceedings against master. 

1846. Action b} r master. 



§ 1840. Any person of full age may bind himself for a valua- Indenture . 
ble consideration to any citizen of this State for a limited num- 6ervice - 
ber of years, not exceeding five ; Provided, the contract is in 
writing, acknowledged before the Inferior Court of the county 
in open court, and by them ordered to be recorded. 

§1841. The master shall be entitled to his reasonable labor E1(rht of . 
under his direction, and shall have a right of action against any master - 
other person w T ho with notice shall employ such servant. If the 



-366 



PT. 2.— TIT. 2.— CHAP. 4.— Domestic Kelatiom 



Article 1. — Indented Servants and Apprentices. 



Damages. 



Eights of 
servants. 



Binding ap- 
prentice. 



Power of 
master. 



Proceedings 

against 

master. 



Action by 
master. 



indented servant shall have been imported by the master, he shall 
recover damages at least equal to double the amount per month 
for which such indented person contracted to serve. 

§ 1842. Such indented person is entitled to maintenance, pro- 
tection and humane treatment, and upon proof to the court be- 
fore whom the contract was acknowledged that he is denied either 
of them, or the consideration of his indenture, the court shall 
pass an order declaring the indenture revoked and annulled. 

§ 1843. Any father, or mother if the father be dead, or the child 
be illegitimate, may, by written contract, bind his or her minor 
child to a citizen of this State as an apprentice for a limited num- 
ber of years, or until arrival at twenty-one years of age, which 
contract shall be witnessed as deeds to land, and shall be recorded 
in the same office in the county of the residence of the master. 

§ 1844. The master of an apprentice may use the same amount 
of force to compel the obedience of his apprentice, which a father 
may use with his child, and shall be bound to furnish to him 
maintenance, protection and education in the art or trade for 
which he is bound, and at all times to extend to him humane 
treatment, and not to remove him beyond the limits of this State 
without his consent. 

§ 1845. Upon complaint of an apprentice, or any one for him, 
to a Justice of the Inferior Court of the county, of cruel treat- 
ment, or criminal neglect by the master, the Justice shall cause 
the master to be cited to appear at the next regular term of the 
said court, when the same shall be investigated by the court, and 
if a majority of the Justices present are satisfied of the truth of 
the charge, they shall discharge the apprentice from all obliga- 
tions to the master. 

§ 1846. The master shall have a right of action against any 
person who shall employ such apprentice with notice of the fact, 
and the damages recovered in such action shall in no case be less 
than twenty-five dollars. 



AKTICLE II. 

LABORERS IN FACTORIES. 



Sours of la- 
bor. 



Section. 
1847. Hours of labor. 



Section. 
1848. Corporal punishment. 



§ 1847. The hours for labor by all white persons under twenty- 
one years of age, in all cotton, woollen or other manufacturing 



PT. 2.— TIT. 2.— CHAP. 4.— Domestic Kelations. 



367 



Article 2. — Laborers in Factories. 



establishments or machine shops in this State, shall be from sun- 
rise until sunset, the usual and customary time for meals being- 
allowed from the same ; and any contract made with such per- contract for 
sons or their parents, guardians or others, whereby a longer time • 
for labor is agreed upon or provided for, shall be null and void, 
so far as relates to the enforcement of said contracts against such 
laborers. 

§1848. No boss or other superior in such establishments shall corporal 
inflict corporal punishment upon such minor laborers ; and the 
owner of such factory or machine shop shall be directly liable for 
all such conduct on the part of their employees ; such minor may 
sue in his own name for damages for such conduct, and the re- 
covery shall be his own property, and not belong to his parents. 



punishment. 



CHAPTEK Y. 

OF MASTER AND SLAVE. 

Article 1. Of the relative duties of master and slave. 
Article 2. Of the rights and liabilities of the master, &c. 
Article 3. Of manumission. 
Article 4. Of fugitive or runaway slaves. 



AKTICLE I. 



OF THE RELATIVE DUTIES OF MASTER AND SLAVE. 



Section. 

1849. Right and power of master. 

1850. Cruel treatment. 

1851. Duty of master. 

1852. Slaves neglected by owners. 

1853. Proceedings against overseer. 

1854. Rest of Sabbath day. 



Section. 

1855. Unlawful privileges to slaves. 

1856. Unlawful traffic. 

1857. Employment in drug store. 

1858. Mutual protection. 

1859. Disqualification of the master, &c. 



§1849. The master is entitled to the time, labor and services Ei htand 
of the slave, and to a prompt obedience to all his lawful com- J^J r of 
mands. The master may enforce his rights by corporal punish- 
ment, not extending to life or limb or cruel treatment. 

§1850. Cruel treatment may consist of withholding necessary cruel treat- 
food or clothing from the slave, inflicting cruel punishment or™ 
doing any act, the necessary consequence of which is to impair 
the health or endanger the life or limb of the slave. 



368 PT. 2.— TIT. 2.— CHAP. 5.— Domestic Relations. 

Article 1. — The Relative Duties of Master and Slave. 

Duty of S 1851. The master is bound to treat his slave with humanity, 

to furnish him a sufficiency of nutritious and healthy food and 
proper clothing, to provide him lodging and fuel, to furnish him 
medical attendance and nursing during sickness, and to provide 
for all his necessary wants when infirmity or old age renders him 
incapable of service. 
slaves neg- § 1852. It is the duty of the Inferior Court in every county on 
owner*! 7 receiving information, on oath, that any infirm slave is suffering 
from the neglect of the owner, to investigate as to the fact, and 
render such relief to such slave as his condition may require. 
Proceedings § 1853. The said court shall cite the owner or overseer of such 
eff mst own " slave, if resident in the county, to show cause why &fi.fa. should 
not issue against him for the amount so expended by the court 
from the county funds, and if no sufficient cause is shown, may 
cause the same to be issued. If the owner or overseer does not 
reside in the county, the said court may sue for and recover the 
amount so expended in any court having jurisdiction. 
Rest of sab- §1854. The Lord's day — called Sunday — is a day of rest of 
Divine appointment. No master or hirer shall employ any slave 
in any work or labor on that day — work of absolute necessity 
and the necessary occasions of the family only excepted. Any 
master, overseer, or employer, violating this provision of this 
Code, shall forfeit for each violation the sum of one hundred 
dollars, to be recovered in the name of the Inferior Court — one 
half to be paid to the informer, and the other half to the Educa- 
tional Fund of the county. 
unlawful § 1855. The owner should keep his slave on his own premises, 
?iaves?° e ° or within his control. He must not permit him to labor or trans- 
act business for himself, except during holidays, or upon his own 
premises. Nor shall any slave be permitted to hire or rent any 
house, room, store or land, on his own account or that of another 
slave. -V. 
unlawful § 1856. Slaves shall not be permitted to traffic on their own 
Traffic " account, except in articles of their own manufacture, or agricul- 
tural products of their own raising, or poultry raised by their 
master's permission, or articles of the like character usually per- 
mitted to slaves. And even in these articles a traffic by and with 

For patrol and police reg-ulations, see Part 1, Title 15, Chapter 5, Article 1. As to 
who are slaves, see Part 2, Title 1, Chapter 1, Article 3. As to hiring of slave, see 
Bailments. 



PT. 2. TIT. 2. CHAP. 5. — Domestic Relations. 



369 



Article 1.— The Relative Duties of Master and Slave. 



Penalty. 



the slave is prohibited, except by the written permission of the 
master specifying the particular articles to be sold. 

§1857. Slaves shall not be employed in any apothecary shop Elnploy . 
or drug store in putting up or dispensing, purchasing or selling ^^ 
medicines of any description, nor where they can, by reason of 
their employment, have access unaccompanied by a white per- 
son, to poisonous drugs. For every violation of this clause, the 
master allowing it, and the employer consenting to it, shall for- 
feit the sum of one hundred dollars, to be recovered and paid — 
one half to the informer and the other half to the Educational 
Fund of the county. 

§1858. The relation of master and slave, in an especial man- Mutual pro- 
ner and to the fullest extent, authorizes and justifies the mutual 
protection of each other. 

§ 1859. A master convicted twice, criminally, of cruel treat- Disquaiifica- 
ment to his slave, shall on the second conviction be declared by teTon ac- 
the Superior Court incapable of holding title to slave property cruel treat- 
within this State. And the same court shall appoint a receiver 
to take possession of, and sell under its order, all the slaves then 
belonging to such master, for his benefit. Any conveyance of 
slave property thereafter to such person shall be null and void, 
except so far as to convey the title to the informer, who may sue 
for and recover the same. 



ARTICLE II. 

OF THE RIGHTS AND LIABILITIES OF THE MASTER AS TO THIRD 

PERSONS. 



Section. 

1860. Liability for act of slave. 

1861. Slave — when his agent. 

1862. Presumption of command. 

1863. Liability for trespass & negligence. 

1864. Interference of third persons. 

1865. Harboring a runawa}^. 

1866. Necessaries, &c. 



Section. 
1861. White persons on plantation. 

1868. Druggist selling poison to slaves. 

1869. Selling liquor to slave. 

1870. Master furnishing poison, &c. 
18*71. Keeping fire-arms. 

1812. Master concealing, &c. 

1813. Furnishing free pass to slave. 



§1860. Masters are bound by all the acts of their slaves done Liabilit f 
by their command, and also by their transactions and dealings m actsofsla ve. 
respect to the business in which they are employed, and also by 
all transactions which by receiving the profits the master has 
tacitly ratified. 
24 



370 PT. 2.— TIT. 2.— CHAP. 5.— Domestic Kelations. 

Article 2. — Rights and Liabilities of Master as to third Persons. 

slave— 8 1861. The master may constitute his slave his agent,' and in 

when his ? , J _ ° 

agent. suc h case is bound by his acts, as of any other agent. A pre- 
sumption of agency arises in all matters where the slave has 
acted without complaint by the master. 

Presump- 8 1862. During; the usual hours of labor the master or employer 

tion or com- , 

mand. j s presumed to be cognizant of the business of the slave, and in 
such business he is presumed to be acting under the master's or 
employer's command. On Sabbaths, holidays, or during the 
hours of rest, no such presumption arises. 

Liability for § 1863. The master is responsible for all damages arising from 
' the negligence of his slave while engaged in his business. 

interference §1864. Except so far as authorized by the. patrol and police 

of third per- . _ . . ~ , . ~ \ . ,, 

sons. regulations of this fetate, and is necessary for the preservation of 

public order, third persons have no right to interfere with, con- 
trol, coerce or correct a slave, and for all such acts the master 
may recover damages. 

Harboring a §1865. Any person harboring or concealing a runaway or 

runaway. . . . .'. . '., n , . n , 

fugitive slave, shall be liable to the master in damages, and the 
jury in every such case shall give exemplary damages, according 
to the circumstances of each case. If the person harboring or 
concealing is a free person of color the owner shall have his 
remedy against the guardian, and for the payment of the re- 
covery such free person of color shall be hired out as prescribed 
for other debts. 
Necessaries § 1866. The master is liable to any person for necessaries fur- 
sionai ser- nished to his slave, unless he be a fugitive, or for medical atten- 
dance, rendered either when the slave is abandoned or neglected 
by him, or in cases of emergency, when the master cannot be 
consulted. In all such cases the burden is on the plaintiff to 
show the existing necessity, and the failure or inability of the 
master to supply the wants. 
wwte per- §1867. Every master or employer having on a plantation 
SoT p an " more than ten slaves, over the age of sixteen years, shall have a 
white man as overseer, manager or superintendent, residing on 
or near said plantation. For a violation of this clause such mas- 
ter or employer shall forfeit the sum of one hundred dollars, one- 
half to be paid to the informer. 
Druggist _ §1868. Any druggist or other person who by himself or his 
son to slave, clerk shall sell or give any drug or medicines of a poisonous 
character to a slave, except upon the written order of the mas- 
ter, shall be liable to the master or any other person for all 



PT. 2.— TIT. 2 — CHAP. 5.— Domestic Kelations. 371 



Article 2.— Rights and Liabilities of Master as to third Persons. 



damages arising from the use of such poison, and the additional 
sum of one hundred dollars to the master for every such offence. 

§ 1869. Any person who shall sell or give any spirituous liquors Selling 
to a slave without the written order of his master, shall be liable ^f to 
to the master for all damages direct and consequential accruing 
to the master or his property from such act. 

§ 1870. The master shall not furnish to his slave any poisonous Ma8ter fur . 
drug or medicine, or spirituous liquors, except as administered "oJorfiquor 
medicinally or used in his presence. And any person whose to 
slave or other property has been injured by such poison or liquors 
received from the slave of another having possession of the same 
by his master's consent, shall recover from such master the full 
amount of the damage so sustained and the reasonable expense 
of his litigation. 

§1871. No slave shall keep any fire-arms in his own posses- Keeping 
sion, nor carry or make use of them or any weapon of offence, fire " arm6 - 
-except upon the plantation of the master or employer, or accom- 
panied by a white person at least sixteen years of age ; and any 
white person finding a slave violating this section may seize such 
weapons, and having notified the owner or employer of the slave 
of the fact, and the time of his application, he may apply to a 
Justice of the Peace of the district to hear the facts upon his 
own affidavit and the testimony of others, and to grant a certifi- 
cate of forfeiture declaring the said weapons to belong to such 
informer. 

§1872. The master or controller of a slave charged with any Master con- 
offence shall not conceal or convey away such slave, or otherwise fender. 
;seek to evade a fair trial of the charge. Any person violating 
this clause shall, if the charge be of a capital offence, forfeit the 
sum of one thousand dollars, and if not capital, one hundred 
dollars, one-half of which shall go to the person injured by such 
•offence of the slave, if any, if not, then to the informer, the re- 
maining half to the Educational Fund of the county. 

§1873. Any person writing, or furnishing, or concerned in any Furnishing 
way in furnishing to a slave a free pass, or permit, or any other aiave paB3 to 
permit calculated to injure or harass the master, shall be liable 
to the master in the sum of one hundred dollars for every such 
act in addition to the full damages which the jury may assess for 
any loss, or injury, or vexation which the master has suffered bv 
.reason of such act. 



372 



PT.-2.— TIT. 2.— CHAP. 5.— Domestic Relations. 



Article 3. — Manumission. 



ARTICLE III. 



OF MANUMISSION. 
Section. 



Manumis- 
sion pro- 
hibited. 

Every at- 
tempt void. 



Penalty for 
violation. 



Papers shall not be recorded. 
Foreign manumission. &c. 



Papers shall 
not be re- 
corded. 



Foreign 
manumis- 
sion, &c. 



Section. 

1874. Manumission prohibited. 1811. 

1875. Every attempt void. 1878. 

1876. Penalty for violation. 

§1874 No slave shall be manumitted in Georgia, except by- 
act of the General Assembly. 

§1875. All and every will and testament, deed, whether by 
way of trust or otherwise, contract, agreement or stipulation, or 
other instrument in writing, or by parol, made and executed for 
the purpose of effecting, or endeavoring to effect the manumis- 
sion of any slave, either directly by conferring, or attempting to> 
confer freedom on such slave, or indirectly or virtually by allow- 
ing and securing, or attempting to allow and secure to such slave- 
the right or privilege of working for himself free from the con- 
trol of a master, or of enjoying the profits of his labor and skill,, 
shall be utterly null and void in every part and clause of the- 
same seeking to carry such object into effect, and the title to> 
such slave shall be just as if such attempt had not been made. 

§1876. Any person violating, or attempting to give effect to 
any instrument violating the above provisions, shall be liable to- 
a forfeiture of one thousand dollars for every such offence, to be 
recovered in an action of debt, one-half to go to the informer, 
and the other to the Educational Fund of the county. 

§1877. No Ordinary or Clerk, or other officer, shall record 
such portions of such instruments as are violative of the above 
provisions. 

§ 1878. Every master has the right of sending his slave to an- 
other State, there to be manumitted. He cannot direct this to> 
be done by his executor or others after his death, and every such 
provision, by will, deed or otherwise, shall be void. 



ARTICLE IV. 

OF FUGITIVE OR RUNAWAY SLAVES. 
I Section. 



Section. 

1879. Right of re-caption. 

1880. Possessory warrant. 

1881. Retaliation on other States, &c. 

1882. Arrest of fugitives. 

1883. Must be delivered up in four days. 



1884. Duty of jailor. 

1885. Sale. 

1886. Claim of owner after sale. 

1887. Before sale. 

1888. Notice of reward and claim 



PT. 2.— TIT. 2.— CHAP. 5.— Domestic Eelations. 373 

Article 4. — Fugitive or Runaway Slaves. 



§1879. The master has the right of re-capturing his fugitive Eigfo of re- 

° -,,.»-,. caption. 

^lave wherever and whenever he may find him ; tor this purpose 
the master may pursue the slave upon the land or within the 
•curtelage of another, if in so doing he commits no breach of the 
peace. 

§1880. If the fugitive be found in the possession of a person Possessory 

° ° , warrant. 

who claims him as a bona fide purchaser Irom another, the mas- 
ter must resort to a possessory warrant as hereinafter provided, 
when the question to be tried before the court shall be confined 
to the fact of the slave being a fugitive from the claimant. 

§1881. If the fugitive slave escapes to another State, and the Retaliation 

6 . . , \ of other 

master is denied his rights of re-caption according to the laws of states, &c. 
the Confederate States, by reason of the local legislation of such 
State, the Governor of this State, upon being satisfied of the fact 
from information under oath, shall issue his proclamation re- 
•quiring all the courts of this State to deny to the citizens of such 
State every privilege now allowed to them upon the principles 
^f comity among States. 

§1882. Every citizen of this State has the right of interroga- Arrest of 
ting every negro or mulatto found in the highway or away from 
his master's premises and business without a permit, or under 
;any other suspicious circumstances, with a view of ascertaining 
whether he is a fugitive or not, and, upon reasonable grounds of 
•suspicion, to arrest such negro or mulatto and carry him before 
the nearest Justice of the Peace for further examination into the 
fact. If the master of such slave is known, and is within a con- 
venient distance, the said Justice, if satisfied that he is a fugitive, 
.-shall direct the person arresting, or a Constable, to deliver such 
slave to the master. If the master is unknown, or not within a 
♦convenient distance, the Justice, if satisfied as above, shall direct 
the person arresting, or a Constable, to deliver the said slave to 
the jailor of the county. 

§1883. Every person taking up a fugitive slave shall deliver Mu st be de- 
him to his master, or carry him before a Justice, as above, within fJurdajl 1D 
four days from the time of such arrest. 

§ 1884. When a fugitive slave is delivered to the jailor, it shall Duty of 
be his duty to prepare a notice giving the name, age, height, com- jai 
plexion, marks or other descriptive traits, together with the time 
«of commitment and name of the owner as reported by the slave, 
;and cause the same to be published for at least three months'* in Advertise . 
►two public gazettes, one near the residence of the reported owner, ment * 






374 PT. 2.— TIT. 2.— CHAP. 5.— Domestics Relations. 

Article 4. — Fugitive or Runaway Slaves. 

and the other the gazette in which the Sheriff's sales of the county 
are published. He shall also send a letter by post to the person 
to whom the slave says he belongs. 

sale. §1885. At the expiration of said notice, if no person appears 

and claims the slave, the jailor shall notify the Justices of the 
Inferior Court of the fact, who shall cause the said slave to be 
advertised for sale, by the Sheriff of the county, as a runaway 
slave, and after publication of said advertisement,' as notices of 
other Sheriff's sales, and, no claimant appearing, the Sheriff shall 

off$nSs!° n sell the slave in the same manner as propery levied on under ex- 
ecution, to the highest bidder, and after paying jail fees, and all 
other expenses legally incurred on account of said slave, shall pay 
over the balance to the Clerk of the Inferior Court of said county.. 

claim of §1886. If the former owner of the slave appears at any time- 

sale. within one year from the time of the sale, and makes proof of his 

ownership, the said court shall order the balance in the hands of 
the Clerk to be paid over to him. At the expiration of one year 
without such claim, the court shall order the same paid to the- 
Educational Fund of the county. 

Before sale. § 1887. If the owner of the slave, advertised as a fugitive, shall' 
appear and give satisfactory proof to the Sheriff that he is the 
true owner, the Sheriff shall order the jailor to deliver the same 
to him, on his paying all the jail fees and expenses incurred about 
said slave. If any reward has been offered for the apprehension* 

Collection of . «/ ^ ^ rr 

reward. of said slave, such reward shall be paid to the jailor, or good se- 
curity in the county given for the same before the possession of 
the slave shall be given to the claimant. 
Notice of re- §1888. Any person apprehending a fugitive slave for whom a 
5aim. and reward has been offered, may on the delivery of said slave to the 
jailor, give him written notice of such reward being offered, and 
the name of the person offering it, and any jailor who after such: 
notice shall deliver up such fugitive before said reward is paid 
or security given as above, shall be liable with his sureties on 
his bond to the person entitled for the amount of such reward. 

For the rights of the owner against persons harboring his slave, see - Article 2 of." 
this chapter and Penal Code for slaves and free persons of color. 



PT. 2.— TIT. 3.— CHAP. 1.— Other Relations. 375 



Article 1.— General Principles. 



TITLE III. 

OF RELATIONS ARISING FROM OTHER CONTRACTS. 

Chapter 1. Of Partnership. 

Chapter 2. Of Debtor and Creditor. 

Chapter 3. Of Bailments. 

Chapter 4. Of Principal and Surety. 

Chapter 5. Of Principal and Agent. 



CHAPTER I. 

OF PARTNERSHIP. 



Article 1. General Principles. 

Article 2. Rights and Liabilities of Partners among themselves. 
Article 3. Rights and Liabilities as to third persons. 
Article 4. Limited Partnership. 



ARTICLE I. 

GENERAL PRINCIPLES. 



Section. 

1889. How created 

1890. Extent of Partnership. 

1891. Open and Dormant Partner. 

1892. What consti